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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
automated license plate readers
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 generally
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. Specifies that reasonable suspicion or probable cause is not necessary before using an automated license plate reader.
3. Requires law enforcement agencies to prioritize the use of automated license plate readers to canvass areas around homicides, shootings and other major incidents.
4. Requires a law enforcement officer, if practicable, to verify an automated license plate reader response through an accessible, authorized central law enforcement telecommunication system database before taking enforcement action based only on an alert from an automated license plate reader.
5. Prohibits a law enforcement agency employee from operating an automated license plate reader until the employee successfully completes ADOT-approved training for the automated license plate reader.
6. Prohibits an operator of an automated license plate reader from accessing data from an authorized central law enforcement telecommunications system unless the operator is authorized to access the data.
7. Stipulates that data from an automated license plate reader may not be accessed unless a criminal case number is provided for the data being accessed.
8. 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 an automated license plate reader are not subject to public review, except as required for cases involving warrants or subpoenas or as required by any other law.
9. Requires a law enforcement agency that uses an automated license plate reader to:
a) refer all non-law enforcement requests for access to stored automated license plate reader data or images to the law enforcement agency's records supervisor, or equivalent personnel;
b) ensure that all automated license plate reader data that is downloaded to a mobile workstation and server is only accessible through a password-protected system capable of documenting all access information by name of the person who accessed the data and the date and time of access;
c) ensure that any person who is approved to access automated license plate reader data and images is allowed access only for legitimate law enforcement purposes and only as the data and images relate to a specific criminal investigation that has an active case number or law enforcement agency-related civil or administrative action;
d) release automated license plate reader data and images to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes following the provision of an active case number; and
e) perform, on a regular basis, user access audits and system audits on each stationary, automated license plate reader.
10. Deems a law enforcement agency that operates a stationary, automated license plate reader as responsible for ensuring proper collection and retention of the data and images collected.
11. Requires all automatic license plate reader data and images to be collected on a law enforcement agency's server that is not maintained by a third party.
12. Requires all automatic license plate reader data and images that are downloaded to a law enforcement agency's server to be:
a) stored for 90 days; and
b) deleted after 90 days, unless the data or images are, or are reasonably believed to become, evidence in a criminal or civil lawsuit or are subject to a lawful action to produce records.
13. Deems a third party that releases any automated license plate reader data or images without authorization as guilty of a class 1 misdemeanor and subject to a fine of at least $500 per image or data released.
14. Defines automated license plate reader as a technology that provides stationary automated detection of license plates and that captures data associated with license plates for official law enforcement purposes.
15. Defines official law enforcement purposes as the identification of stolen or wanted vehicles, stolen license plates, human trafficking and missing persons and may include gathering of information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property.
16. Becomes effective on the general effective date.
Prepared by Senate Research
January 23, 2026
LMM/KS/ci