1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1620 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to automated license plate reader
7 systems; defining terms; authorizing certain use;
8 requiring certain policy; requiring permit issued by
8 the Department of Transportation; authorizing
9 promulgation of rules; requiring certain criteria to
9 conduct traffic stops; requiring removal of certain
10 recordings within certain timeframe; prohibiting sale
10 of recordings; requiring certain information be made
11 available to the public; providing for codification;
11 and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 15-133 of Title 47, unless there
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17 is created a duplication in numbering, reads as follows:
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18 A. For purposes of this section:
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19 1. “Automated license plate reader system” means a system of
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20 one or more mobile or law-enforcement-controlled cameras combined
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21 with computer algorithms to convert images of registration plates
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22 and vehicles into computer-readable data; and
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23 2. “Highway rights-of-way” means the state and interstate
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24 highway systems maintained by the Department of Transportation.
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 1 B. In accordance with applicable state and federal laws
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2 governing the use and management of highway rights-of-way and
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3 subject to the approval of the Federal Highway Administration as
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4 required by federal law, automated license plate reader systems
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5 operated by law enforcement agencies may be utilized on highway
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6 rights-of-way to aid in criminal investigations or searches for
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7 missing or endangered persons to the extent that such use is
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8 consistent with the continued use, operation, maintenance, and
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9 safety of the highway facility and does not interfere with the free
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10 and safe flow of traffic; provided, such devices shall not be used
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11 to enforce state or local traffic violations or issue citations for
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12 such violations.
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13 C. 1. Operation of and access to an automated license plate
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14 reader system by law enforcement agencies shall be for official law
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15 enforcement purposes only, and shall only be used to scan, detect,
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16 and identify vehicles and license plate numbers to identify:
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17 a. stolen vehicles,
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18 b. vehicles involved in an active investigation,
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19 c. vehicles associated with wanted, missing, or
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20 endangered persons, and
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21 d. vehicles that register as a match within the National
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22 Crime Information Center or any other relevant
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23 federal, state, or local database.
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 1 2. Prior to the use of an automated license plate reader
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2 system, the law enforcement agency shall:
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3 a. confirm that the automated license plate reader system
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4 meets all requirements provided for in this section,
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5 b. establish a policy governing the use of such system to
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6 include a training process for law enforcement
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7 officers who will use the system and an auditing
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8 schedule to ensure proper use as provided for in this
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9 section, and
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10 c. obtain a permit from the Department of Transportation
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11 before the installation of an automated license plate
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12 reader system on a state or interstate highway. The
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13 Department shall promulgate rules to issue permits for
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14 such systems installed on highway rights-of-way.
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15 3. A positive match by an automated license plate reader system
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16 shall not constitute reasonable suspicion as grounds for a law
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17 enforcement officer to conduct a traffic stop. Prior to conducting
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18 a traffic stop based on identification within the license plate
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19 reader database, the officer shall immediately make a visual
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20 confirmation that the license plate on the vehicle matches the image
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21 of the license plate displayed on the automated license plate reader
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22 system and that the stop meets criteria laid out in the policies of
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23 the department that employs the law enforcement officer.
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 1 4. A record of a license plate or vehicle recorded by an
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2 automated license plate reader system shall be removed from the
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3 database or system within thirty (30) days of being recorded in such
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4 a manner that the record is destroyed and not recoverable, unless
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5 the record is a part of an ongoing investigation, in which case the
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6 data may be retained until final disposition of the matter in
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7 accordance with applicable records retention laws.
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8 5. Captured license plate data obtained for the purposes
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9 identified in paragraph 1 of this subsection shall not be authorized
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10 for sale.
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11 D. A law enforcement agency that installs or uses any automated
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12 license plate reader system shall make available to the public a log
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13 of such system use updated on a monthly basis that displays but is
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14 not limited to:
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15 1. The aggregate number of vehicles of which data is collected
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16 for each month of use and a list of all state and federal databases
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17 with which the data was compared, unless the existence of the
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18 database is not public; and
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19 2. The automated license plate reader system policy of the
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20 agency.
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21 SECTION 2. This act shall become effective November 1, 2024.
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23 59-2-3038 CN 1/12/2024 2:49:43 PM
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