SB1111 - 572R - Senate Fact Sheet

Purpose

Outlines official law enforcement purposes for which a law enforcement agency may use automated license plate readers and requirements relating to automated license plate reader use, training and data management.

Background

The Arizona Department of Transportation (ADOT) must provide every vehicle owner with one license plate for each registered vehicle. The license plate must display the number assigned to the vehicle and vehicle owner. A person must maintain each license plate so that it is clearly legible and securely fastened to the vehicle in a manner that: 1) prevents the plate from swinging; 2) is at a height of at least 12 inches from the ground to the bottom of the plate; and
3) is in a position that is clearly visible. Failure to display a license plate as prescribed is a civil traffic violation (A.R.S. §§ 28-121; 28-2351; and 28-2354).

Except as specifically prescribed, the federal Driver's Privacy Protection Act prohibits a state department of motor vehicles and any officer, employee or contractor of the department from knowingly disclosing or otherwise making available to any person or entity an individual's personal information or highly restricted personal information obtained in connection with a motor vehicle record without the express consent of the person whom the information applies. Personal information may be disclosed for uses including, but not limited to use: 1) by any government agency, including any court or law enforcement agency, in carrying out the agency's functions or any private person or entity acting on behalf of a federal, state or local agency; 2) in connection with matters of motor vehicle or driver safety and theft; and 3) in connection with any civil, criminal, administrative or arbitral proceeding in any federal, state or local court, agency or
self-regulatory body, including for service of process, investigation in anticipation of litigation and the execution and enforcement of judgments and orders (18 U.S.C. § 2721).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Limits a law enforcement agency's use of an automated license plate reader only to:

a) legitimate and official law enforcement purposes;

b) use in conjunction with any patrol operation or criminal law enforcement investigation;

c) canvassing license plates around any crime scene; and

d) checking any partial license plate number reported during a major crime to identify persons of interest.

2. Requires a law enforcement officer, if practicable, to verify an automated license plate reader response through an accessible, authorized central law enforcement database before taking enforcement action based only on an alert from an automated license plate reader.

3. Prohibits a law enforcement agency employee from operating an automated license plate reader until the employee successfully completes law enforcement agency-approved training for the automated license plate reader.

4. Prohibits an operator of an automated license plate reader from accessing data from an authorized central law enforcement database unless the operator is authorized to access the data.

5. Stipulates that data from an automated license plate reader may not be accessed unless a trackable criminal case number or incident number is provided for the data being accessed.

6. Specifies that:

a) all data and images collected by an automated license plate reader are for official use by the law enforcement agency that collected the data and images; and

b) any data or images collected by automated license plate readers are not subject to a public records request, except as required by subpoena or by any other law.

7. Requires a law enforcement agency that uses an automated license plate reader to:

a) ensure that all automated license plate reader data that is downloaded is only accessible through a password-protected system capable of documenting all accessed information by name of the person who accessed the data and the date and time of access;

b) ensure that any person who is approved to access automated license plate reader data and images is allowed access only for official law enforcement purposes;

c) release automated license plate reader data and images to other authorized and verified law enforcement officials and agencies for official law enforcement purposes only if the date and time of access, the reason for access and the law enforcement agency that accessed the information are documented in the system, unless the law enforcement agency's policies prohibit the release; and

d) perform annual system audits of the law enforcement agency's automated license plate reader system.

8. Deems a law enforcement agency that operates an automated license plate reader as responsible for ensuring proper collection and retention of the data and images collected.

9. Deems a third party that intentionally releases any automated license plate reader data or images without authorization from the law enforcement agency that collected the data as guilty of a class 1 misdemeanor and subject to a fine of at least $500 per image or data released, unless the release is required by subpoena, warrant or court order.

10. Specifies that official law enforcement purposes include the identification of stolen or wanted vehicles, stolen license plates, human trafficking and missing persons, the gathering of information related to active warrants, suspect interdiction and stolen property recovery.

11. Defines automated license plate reader as a technology that provides stationary or mobile automated detection of license plates and that captures data associated with license plates for official law enforcement purposes.

12. Becomes effective on the general effective date.