PRIOR PRINTER'S NO. 3583
PRINTER'S NO. 3926
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2196
Session of
2015
INTRODUCED BY SANKEY, MATZIE, V. BROWN, CALTAGIRONE, DIAMOND,
DUSH, GABLER, GILLEN, A. HARRIS, PHILLIPS-HILL, JAMES,
M. K. KELLER, MILLARD, O'NEILL, OBERLANDER, PICKETT,
READSHAW, ROTHMAN, SANTORA, SONNEY, THOMAS AND ZIMMERMAN,
JUNE 21, 2016
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 26, 2016
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, providing for automated license plate reader
systems; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part VI of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 70
AUTOMATED LICENSE PLATE READER SYSTEMS
Sec.
7001. Definitions.
7002. Use of automated license plate reader systems.
7003. Preservation and disclosure of captured data.
7004. Destruction of CAPTURED data.
7005. Automated license plate reader system policy.
7006. Penalty.
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§ 7001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Automated license plate reader system."
(1) A system:
(i) of one or more mobile or fixed high-speed
cameras combined with computer algorithms to convert
images of registration plates into computer-readable
data; and
(ii) used by a State , COUNTY or local law
enforcement agency or a government entity.
(2) The term does not include a violation enforcement
system as defined in 74 Pa.C.S. § 8102 (relating to
definitions) and OR A SYSTEM used in electronic toll
collection.
(3) THE TERM DOES NOT INCLUDE AN AUTOMATED RED LIGHT
ENFORCEMENT SYSTEM AS DEFINED IN SECTION 102 (RELATING TO
DEFINITIONS) AND USED UNDER SECTIONS 3116 (RELATING TO
AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN FIRST CLASS
CITIES) AND 3117 (RELATING TO AUTOMATED RED LIGHT ENFORCEMENT
SYSTEMS IN CERTAIN MUNICIPALITIES).
"Captured data." The global positioning system coordinates,
dates and times, photographs, registration plate numbers and any
other data collected by or derived from an automated license
plate reader system.
"Government entity." An office, agency, board, bureau,
department, commission or authority established by statute to
carry out a government function.
"Patrol unit." Includes:
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(1) A vehicle used by a law enforcement agency,
including an unmarked police vehicle.
(2) A vehicle used by a government entity for the
purpose of enforcing State and local parking laws.
(3) A vehicle used by a government entity for the
purpose of controlling access to a secured area.
"Secured area." An area, enclosed by clear boundaries, to
which access is limited and not open to the public and entry is
only obtainable through specific access-control points.
§ 7002. Use of automated license plate reader systems.
(a) Authorized purposes.--
(1) A State or local law enforcement agency may only use
an automated license plate reader system for the purpose of
protecting public safety LEGITIMATE LAW ENFORCEMENT PURPOSES ,
conducting criminal investigations or ensuring compliance
with Federal, State and local laws.
(2) A IN ADDITION TO THE PURPOSES UNDER PARAGRAPH (1), A
government entity may only use an automated license plate
reader system for the purpose of:
(i) Enforcing State and local parking laws.
(ii) Controlling access to a secured area.
(b) Prohibition.--Except as authorized under subsection (a),
the use of an automated license plate reader system is
prohibited.
(C) MANUAL ENTRIES.--ANY STATE, COUNTY OR LOCAL LAW
ENFORCEMENT AGENCY OR GOVERNMENT ENTITY THAT MANUALLY ENTERS
LICENSE PLATE NUMBERS INTO AN AUTOMATED LICENSE PLATE READER
SYSTEM MUST DOCUMENT THE REASON FOR THE ENTRY TO ENSURE USE FOR
A LEGITIMATE LAW ENFORCEMENT PURPOSE.
(c) (D) Training required.--Prior to using an automated
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license plate reader system for a purpose identified in
subsection (a), an individual shall complete a training course
approved by the Pennsylvania State Police and the Municipal
Police Officers' Education and Training Commission. 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 shall have
six months from the effective date of this section to complete
the required training course.
(d) Positioning of system.--An automated license plate
reader system shall be used only in an active patrol unit and
may not be affixed to a permanent location, including, but not
limited to:
(1) An intersection.
(2) A bridge.
(3) An overpass.
(4) A utility pole.
(5) A building or other permanent structure.
(6) A tower.
(7) A location similar to a location listed in paragraph
(1), (2), (3), (4), (5) or (6).
(e) Frontal view recorded images prohibited.--No automated
license plate reader system shall be utilized in such a manner
as to take a frontal view recorded image of a vehicle as
evidence of having committed a violation.
(f) (E) Use of registered vehicle owner information.--
Notwithstanding any other provision of law, registered vehicle
owner information obtained as a result of the operation of an
automated license plate reader system shall not be the property
of the manufacturer or vendor of the automated license plate
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reader system and may not be used for any purpose other than
prescribed in this section.
(g) (F) Further restrictions.--Notwithstanding any other
provision of law, camera equipment deployed as part of an
automated license plate reader system must be incapable of
automated or user-controlled remote surveillance by means of
recorded video images. Recorded images collected as part of the
automated license plate reader system must only record
violations of this title and Title 18 (relating to crimes and
offenses) and may not be used for any other surveillance
purposes. The restrictions set forth in this subsection shall
not be deemed to preclude a court of competent jurisdiction from
issuing an order directing that information obtained through the
use of an automated license plate reader system be provided to
law enforcement officials if the information is reasonably
described and is requested solely in connection with a criminal
law enforcement action.
§ 7003. Preservation and disclosure of captured data.
(A) LOCATION OF CAPTURED DATA.--
(1) ALL CAPTURED DATA COLLECTED THROUGH THE USE OF AN
AUTOMATED LICENSE PLATE READER SYSTEM IN THIS COMMONWEALTH
SHALL BE STORED AT THE PENNSYLVANIA STATE POLICE CRIMINAL
INTELLIGENCE CENTER.
(2) LAW ENFORCEMENT AGENCIES AND GOVERNMENT AGENCIES
MAINTAINING A SEPARATE DATABASE ON THE EFFECTIVE DATE OF THIS
SECTION SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS
SECTION TO ARRANGE FOR THE SHARING OF CAPTURED DATA WITH THE
PENNSYLVANIA STATE POLICE IN ACCORDANCE WITH PARAGRAPH (1).
(a) (B) Confidentiality of CAPTURED data.--
(1) Except as provided in paragraph (2) or (3):
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(i) A law enforcement agency or government entity
authorized to use an automated license plate reader
system may not sell, trade , DISSEMINATE or exchange
captured data for any purpose.
(ii) Captured data collected or retained through the
use of an automated license plate reader system is
confidential and is only available for use by a law
enforcement agency in carrying out its functions, by a
government entity collecting information for its intended
purpose and in any related civil or criminal proceeding.
(2) The restrictions set forth in this subsection shall
not be deemed to preclude a court of competent jurisdiction
from issuing an order directing that information CAPTURED
DATA obtained through the use of an automated license plate
reader system be provided to law enforcement officials if the
information is reasonably described and is requested solely
in connection with a criminal law enforcement action.
(3) Captured data that indicates evidence of an offense
or provides information to protect the public may be shared
with law enforcement agencies and with criminal justice
agencies in the performance of their official duties.
(b) (C) Applicability of Right-to-Know Law.--Captured data
collected or retained through the use of an automated license
plate reader system is not subject to disclosure under the act
of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
Law.
§ 7004. Destruction of CAPTURED data.
(a) Destruction of recorded images CAPTURED DATA .--The
following apply:
(1) Recorded images EXCEPT AS OTHERWISE PROVIDED FOR
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UNDER 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL HISTORY RECORD
INFORMATION), CAPTURED DATA obtained through the use of
automated license plate reader systems deployed shall be
destroyed:
(i) within one year of final disposition of any
recorded event; or
(ii) within 180 days ONE YEAR of any recorded event
which is not directly related to a violation of this
title or Title 18 (relating to crimes and offenses) or an
active criminal investigation.
(b) Data CAPTURED DATA previously collected.-- Data CAPTURED
DATA collected before the effective date of this section must be
destroyed, if required by this section, no later than 60 days
after the effective date of this section.
(c) Shared data.--If CAPTURED data collected by an automated
license plate reader system are shared with another law
enforcement agency or government entity, the agency or entity
that receives the data must comply with the requirements of this
section.
(d) Notification.--The law enforcement agency or government
entity which obtained recorded images through the use of an
automated license plate reader system shall ANNUALLY file notice
with the Department of State that the records have been
destroyed in accordance with this section NO LATER THAN DECEMBER
15 OF EACH YEAR .
§ 7005. Automated license plate reader system policy.
A State or local law enforcement agency or government entity
that maintains an automated license plate reader system shall
establish , MAKE PUBLIC and enforce a written policy governing
the use of the automated license plate reader system. Use of an
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automated license plate reader system without adoption of a
written policy under this section is prohibited. THE POLICY
SHALL INCLUDE THE FOLLOWING:
(1) WHICH LAW ENFORCEMENT AGENCY OR GOVERNMENT ENTITY
PERSONNEL ARE AUTHORIZED TO QUERY CAPTURED DATA OBTAINED BY
AN AUTOMATED LICENSE PLATE READER SYSTEM;
(2) AN AUDIT PROCESS TO ENSURE THAT INFORMATION OBTAINED
THROUGH THE USE OF AN AUTOMATED LICENSE PLATE READER SYSTEM
IS USED ONLY FOR LEGITIMATE LAW ENFORCEMENT PURPOSES,
INCLUDING AUDITS OF REQUESTS MADE BY INDIVIDUAL LAW
ENFORCEMENT AGENCIES OR GOVERNMENT ENTITIES OR INDIVIDUAL LAW
ENFORCEMENT OR GOVERNMENT ENTITY PERSONNEL; AND
(3) PROCEDURES AND SAFEGUARDS TO ENSURE THAT OTHER
EMPLOYEES WITH ACCESS TO THE AUTOMATED LICENSE PLATE READER
SYSTEM DATABASE ARE ADEQUATELY SCREENED AND TRAINED.
§ 7006. Penalty.
A violation of this chapter constitutes a misdemeanor of the
second degree.
Section 2. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) This section.
(ii) The addition of 75 Pa.C.S. § 7004.
(2) The remainder of this act shall take effect in 60
days. IN SIX MONTHS.
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