PRINTER'S NO. 3583

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,

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:

Sec.

7001. Definitions.

7002. Use of automated license plate reader systems.

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 or local law enforcement agency

or a government entity.

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:

(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

§ 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, conducting criminal investigations

or ensuring compliance with Federal, State and local laws.

(2) 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.

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

(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) Use of registered vehicle owner information.--

(g) 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

law enforcement action.

§ 7003. Preservation and disclosure of captured data.

(a) Confidentiality of data.--

(1) Except as provided in paragraph (2) or (3):

(i) A law enforcement agency or government entity

authorized to use an automated license plate reader

system may not sell, trade or exchange captured data for

any purpose.

(ii) Captured data collected or retained through the

use of an automated license plate reader system is

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.

(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) Applicability of Right-to-Know Law.--Captured data

§ 7004. Destruction of data.

(a) Destruction of recorded images.--The following apply:

(1) Recorded images 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 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

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 file notice with the

Department of State that the records have been destroyed in

accordance with this section.

§ 7005. Automated license plate reader system policy.

A State or local law enforcement agency or government entity

under this section is prohibited.

§ 7006. Penalty.

A violation of this chapter constitutes a misdemeanor of the

second degree.

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.