H1811B2800A09308 BIL:BTW 09/21/18 #90 A09308
AMENDMENTS TO HOUSE BILL NO. 1811
Sponsor: SENATOR LANGERHOLC
Printer's No. 2800
Amend Bill, page 1, line 2, by inserting after "Statutes, "
in penalties and disposition of fines, further providing for
surcharge;
Amend Bill, page 1, line 3, by striking out "and"
Amend Bill, page 1, line 3, by striking out "a penalty." and
inserting
penalties; and establishing the ALPR Equipment Fund.
Amend Bill, page 1, lines 6 and 7, by striking out all of
said lines and inserting
Section 1. Section 6506(b)(1) of Title 75 of the
Pennsylvania Consolidated Statutes is amended and subsection (a)
is amended by adding a paragraph to read:
§ 6506. Surcharge.
(a) Levy and imposition.--In addition to any fines, fees or
penalties levied or imposed as provided by law, under this title
or any other statute, a surcharge shall be levied for
disposition in accordance with subsection (b) as follows:
* * *
(10) Upon conviction for violation of Chapter 13
(relating to registration of vehicles), a surcharge of $25.
* * *
(b) Disposition.--
(1) Notwithstanding any other statutory provision:
(i) All surcharges levied and collected under
subsection (a)(1) by any division of the unified judicial
system shall be remitted to the Commonwealth for deposit
in the General Fund.
(ii) All surcharges levied and collected under
subsections (a)(2), (3), (4), (5), (6) and (7) by any
division of the unified judicial system shall be remitted
to the Commonwealth for deposit in the Public
Transportation Trust Fund.
(iii) All surcharges levied and collected under
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subsection (a)(8) and (9) by any division of the unified
judicial system shall be remitted to the appropriate
towing and storage agent as set forth in section
6309.2(e) (relating to immobilization, towing and storage
of vehicle for driving without operating privileges or
registration) for purposes of funding its costs
associated with Subchapter A of Chapter 63 (relating to
general provisions).
(iv) All surcharges levied and collected under
subsection (a)(10) by any division of the unified
judicial system shall be remitted to the State Treasury
for deposit in the ALPR Equipment Fund.
[(iv)] (v) If the fines, fees or penalties are being
paid in installments, the surcharge shall be remitted on
each installment on a pro rata basis.
* * *
Section 2. Part VI of Title 75 is amended by adding a
chapter to read:
Amend Bill, page 1, line 16, by striking out "Penalty" and
inserting
Penalties
Amend Bill, page 1, by inserting between lines 16 and 17
7007. Grant funding.
Amend Bill, page 2, line 26, by inserting after "statute"
, or a private entity under contract with an office, agency,
board, bureau, department, commission or authority established
by statute,
Amend Bill, page 2, by inserting between lines 27 and 28
"Private entity." A person, entity, group or organization
that is not the Federal Government, the Commonwealth or a
municipal authority.
Amend Bill, page 3, line 3, by inserting after "State"
, county
Amend Bill, page 3, lines 20 through 30, by striking out the
period in line 20 and all of lines 21 through 30 and inserting
, conducting criminal investigations or ensuring compliance
with Federal, State and local laws.
(d) Training required.--
(1) Prior to using an automated license plate reader
system for a purpose identified in subsection (a)(1), an
individual shall complete a training course approved by the
Pennsylvania State Police and the Municipal Police Officers'
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Education and Training Commission.
(2) Prior to using an automated license plate reader
system for a purpose identified in subsection (a)(2), an
individual shall complete a training course to be publicly
accessible under the policy outlined in section 7005
(relating to automated license plate reader system policy).
(3) Individuals who use an automated license plate
reader system in the discharge of their official duties for a
purpose identified in subsection (a) on the effective date of
this section and have not previously completed a similar
training course shall have six months from the effective date
of this section, or six months from the date the Pennsylvania
State Police certifies that a training course is available to
such individuals, whichever is later, to complete the
required training course.
Amend Bill, page 4, line 3, by inserting after "information"
as described in 75 Pa.C.S. § 1305 (relating to application
for registration)
Amend Bill, page 4, line 10, by striking out "must be
incapable of" and inserting
may not be used for
Amend Bill, page 4, lines 12 and 13, by striking out "except
for legitimate law enforcement purposes "
Amend Bill, page 4, line 19, by inserting after "action"
or criminal investigation
Amend Bill, page 4, line 22, by striking out "All" and
inserting
The Pennsylvania State Police shall determine how all
Amend Bill, page 4, line 23, by striking out "in this
Commonwealth" and inserting
in accordance with section 7002(a)(1) (relating to use
of automated license place reader systems)
Amend Bill, page 4, lines 24 and 25, by striking out "at the
Pennsylvania Criminal Intelligence" in line 24 and all of line
25 and inserting
within a secure data-hosting environment that is
designated by and under the control of the Pennsylvania State
Police.
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(2) To carry out its responsibilities under paragraph
(1), the Pennsylvania State Police may contract with a
private third party for the purpose of administering a system
which will allow the storage of captured data in accordance
with this chapter. The Pennsylvania State Police are
authorized to pay a reasonable fee to a third party to
administer the system. Information received under this
section by a third party shall remain confidential as
specified under this chapter.
Amend Bill, page 4, line 26, by striking out "(2)" and
inserting
(3)
Amend Bill, page 4, line 26, by striking out "and government
agencies"
Amend Bill, page 4, lines 29 and 30, by striking out "with
the Pennsylvania State Police "
Amend Bill, page 5, lines 20 and 21, by striking out
"Captured data may be shared with law enforcement agencies and
with" and inserting
Law enforcement agencies may only share, sell, trade,
disseminate or exchange captured data with other law
enforcement agencies or
Amend Bill, page 6, line 3, by inserting after "destroyed"
upon the later of
Amend Bill, page 6, line 4, by striking out "within"
Amend Bill, page 6, line 4, by striking out "disposition" and
inserting
judgment
Amend Bill, page 6, line 6, by striking out "within"
Amend Bill, page 6, line 7, by inserting after "active"
or ongoing
Amend Bill, page 6, line 12, by striking out "60 days" and
inserting
one year
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Amend Bill, page 6, line 22, by striking out "Department of
State" and inserting
Pennsylvania Commission on Crime and Delinquency
Amend Bill, page 6, lines 26 through 30; page 7, lines 1
through 18; by striking out all of said lines on said pages and
inserting
The Pennsylvania State Police, is authorized to develop a
policy related to the use of an automated license plate reader
system which includes the basic protocol, guidelines or written
policies governing the implementation, use, maintenance or
storage of automated license plate reader systems which a State,
county or local law enforcement agency or government entity must
adopt. The basic protocol, guidelines or written policies must
include, at a minimum, the following:
(1) An audit process to ensure that information obtained
through the use of an automated license plate reader system
is used only as outlined in section 7002(a) (relating to use
of automated license plate reader systems), including audits
of requests made by individual law enforcement agencies or
government entities or individual law enforcement or
government entity personnel.
(2) Procedures and safeguards to ensure that other
employees with access to the automated license plate reader
system database are adequately screened and trained.
(3) A copy of the training course used under section
7002(d)(2), if applicable.
§ 7006. Penalties.
(a) Prohibited use of automated license plate reader
systems.--An individual who knowingly or intentionally violates
section 7002(b) (relating to use of automated license plate
reader systems) commits a misdemeanor of the second degree.
(b) Other violations.--An individual who knowingly or
intentionally violates section 7002(c), (d), (e) or (f) commits
a misdemeanor of the third degree.
§ 7007. Grant funding.
(a) Establishment of fund.--The ALPR Equipment Fund is
established as a special fund in the State Treasury to procure
automated license plate reader (ALPR) equipment for use by law
enforcement agencies and to assist and provide equipment support
for State and local law enforcement. The money in the fund is
appropriated to the commission for the purposes of this section.
Costs of the commission required for the administration of this
section shall be paid out of the fund.
(b) Allocation.--
(1) Upon completion and approval of a municipal
application, the commission shall award a grant to a
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municipality seeking reimbursement from the fund.
(2) The commission, in accordance with the provisions of
this chapter, shall establish guidelines for applications and
approval of applications from municipalities for the grants.
(3) Upon notification of a grant award, a municipality
is required to execute a reimbursement agreement, submit
invoices and provide project updates to the commission.
(4) Financial assistance for the procurement and
maintenance of ALPR equipment under this section shall not
require a match of municipal funds.
(5) Except for maintenance costs, ALPR equipment
purchased by a municipality prior to notification of a grant
award and an executed reimbursement agreement shall not be
eligible for reimbursement from the fund.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Fund." The ALPR Equipment Fund established under subsection
(a).
Section 3. Unless specifically provided in 75 Pa.C.S. Ch.
70, nothing in 75 Pa.C.S. Ch. 70 shall be construed to apply to
captured data obtained before the effective date of this
section.
Amend Bill, page 7, line 19, by striking out "2" and
inserting
4
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See A09308 in
the context
of HB1811