SB 1040
Restricts the storage and use as evidence of data collected through automated license plate reader systems by government entities
LR Number:
Last Action:
4/6/2016 - SCS Voted Do Pass S Transportation, Infrastructure and Public Safety Committee (6386S.02C)
Journal Page:
Calendar Position:
Effective Date:
August 28, 2016

Current Bill Summary

SCS/SB 1040 - This act restricts the storage of data collected through automated license plate reader systems operated by government entities to 30 days after capture. This act requires entities in possession of the data to purge all records and backup copies of the data at the end of the 30 day period unless the data is subject to a preservation request for an active criminal investigation or court proceeding, is kept pursuant to a one year limited published law enforcement organization policy restricting data to detectives or system auditors after the initial 30 days, or pursuant to a warrant. This act also restricts sharing of captured plate data with federal government entities. This act prohibits the use of any data or evidence derived from automated license plate reader systems preserved in violation of this section from being received into evidence in any proceeding. This act also creates a class A misdemeanor for misuse of license plate reader information collected by a government entity. This act also requires the Department of Department of Public Safety promulgate a written justification standard by August 28, 2017, for the placement of fixed automated license plate reader cameras and a requirement that government entities must submit an application for approval prior to the placement of those cameras.

This act is similar to SS/SCS/SB 599 (2014).