Bill Summary – FastDemocracy

 SB2
 210244-3
 By Senators Orr, Albritton, Butler, Waggoner, Livingston and
 Reed
 RFD: Transportation and Energy
 First Read: 02-FEB-21
 PFD: 07/09/2020
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  SB2
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                            ENGROSSED
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                              A BILL
                          TO BE ENTITLED
                              AN ACT
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           Relating to automated license plate recognition
 systems; to provide for the limited use of automated license
 plate recognition systems on public highways by law
 enforcement agencies; to provide for the confidentiality of
 information collected; to provide for the destruction of
 information collected; to require law enforcement agencies to
 adopt and publish public policies relating to automated
 license plate recognition systems; to provide criminal
 penalties for certain violations; and in connection therewith
 would have as its purpose or effect the requirement of a new
 or increased expenditure of local funds within the meaning of
 Amendment 621 of the Constitution of Alabama of 1901, as
 amended by Amendment 890, now appearing as Section 111.05 of
 the Official Recompilation of the Constitution of Alabama of
 1901.
 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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             Section 1. (a) For the purposes of this section, the
  following terms shall have the following meanings:
             (1) AUTOMATED LICENSE PLATE RECOGNITION SYSTEM. A
  system of one or more mobile or fixed high-speed cameras
  combined with computer algorithms to convert images of license
  plates into computer-readable data.
             (2) LAW ENFORCEMENT AGENCY. Any state, county, or
  municipal public agency employing sworn officers accredited by
  the Alabama Peace Officers' Standards and Training Commission
 or otherwise recognized in Alabama law, that performs
 substantial activities relating to the identification,
 apprehension, prosecution, adjudication, or rehabilitation of
 civil, traffic, and criminal offenders, enforcing federal
 criminal laws or regulations, responses and prevention of
 terrorism, or other public safety responses.
            (3) LAW ENFORCEMENT PURPOSE. A law enforcement
 action by an officer for a criminal justice purpose or actions
 to protect the public, including actions related to criminal
 investigations, arrests, prosecutions, post-conviction
 confinement or supervision, and protection from natural
 threats.
            (4) LICENSE PLATE RECOGNITION DATA. Any data
 captured by or derived from an automated license plate
 recognition system or any other source.
            (b) Law enforcement agencies may collect license
 plate recognition data for a law enforcement purpose. All
 license plate recognition data shall be transferred from the
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  collection device to a secure repository maintained and
  controlled by that agency within 24 hours of the collection.
  All license plate recognition data collected shall be retained
  for no more than five years after the data was originally
  collected.
               (c) Law enforcement agencies may exchange or share
  license plate recognition data with other law enforcement
  agencies for law enforcement purposes.
               (d) A law enforcement agency that collects license
 plate recognition data shall adopt and publicize a written
 policy governing its use prior to it becoming operational. The
 policy shall address all of the following:
              (1) The use of any database to compare license plate
 recognition data.
              (2) The retention of license plate recognition data
 obtained.
              (3) The exchange or sharing of license plate
 recognition data with another law enforcement agency.
              (4) The training of the operators of automated
 license plate recognition systems.
              (5) The access to the license plate recognition data
 obtained.
              (e) Law enforcement agencies shall maintain a record
 of users who access automated license plate recognition
 systems.
              (f) Law enforcement agencies may not sell license
 plate recognition data for any purpose and may not make the
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  data available to any agency, corporation, or association that
  is not a law enforcement agency nor to any individual who is
  not a law enforcement officer.
            (g)(1) Any individual who knowingly requests, uses,
  obtains, or attempts to obtain license plate recognition data
  under false pretenses, or for any purpose other than for a law
  enforcement purpose, from an automated license plate
  recognition system operated by a law enforcement agency, upon
  conviction, shall be guilty of a Class C misdemeanor.
           (2) Nothing in this section shall preclude a law
 enforcement agency from contracting with a third party to
 capture and maintain license plate recognition data. All
 individuals employed by the third party shall be subject to
 subdivision (1) and the rules adopted by the Alabama Justice
 Information Commission regarding access to criminal justice
 information.
           (h) The information collected or stored in any
 database pursuant to this section is not a public record and
 is not subject to public disclosure under Section 36-12-40,
 Code of Alabama 1975.
           (i) A law enforcement agency that uses license plate
 recognition data in conjunction with law enforcement data from
 the Federal Bureau of Investigation National Crime Information
 Center or the Alabama State Law Enforcement Agency shall be
 subject to an audit by the ALEA Criminal Justice Information
 Systems Division.
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            Section 2. Nothing in this act shall be interpreted
  or construed to supersede, amend, or repel the Electronic Toll
  Collection Act of Article 6 of Chapter 2 of Title 23, Code of
  Alabama 1975.
            Section 3. Although this bill would have as its
  purpose or effect the requirement of a new or increased
  expenditure of local funds, the bill is excluded from further
  requirements and application under Amendment 621, as amended
  by Amendment 890, now appearing as Section 111.05 of the
 Official Recompilation of the Constitution of Alabama of 1901,
 as amended, because the bill defines a new crime or amends the
 definition of an existing crime.
           Section 4. This act shall become effective on the
 first day of the third month following its passage and
 approval by the Governor, or its otherwise becoming law.
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  Senate
  Read for the first time and referred to the Senate
  committee on Transportation and Energy............   0.2-FEB-21
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  Read for the second time and placed on the calen-
  dar with 1 substitute and.........................   1.1-FEB-21
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  Read for the third time and passed as amended ....   2.5-FEB-21
                 Yeas 31
                 Nays 0
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                              Patrick Harris,
                              Secretary.
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Statutes affected: 
Engrossed: 36-12-40