2014 -- H 7461

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LC004331

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED LICENSE PLATE

READER SYSTEM

     Introduced By: Representatives Valencia, Handy, Ajello, Walsh, and Tanzi

     Date Introduced: February 12, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

VEHICLES" is hereby amended by adding thereto the following chapter:

CHAPTER 54

AUTOMATED LICENSE PLATE READER SYSTEMS

     31-54-1. Definitions. – For the purposes of this section:

     (1) "Automated license plate reader system" means a system of one or more mobile or

fixed automated high-speed cameras used in combination with computer algorithms to convert

images of license plates into computer-readable data.

     (2) "Captured plate data" means the GPS coordinates, date and time, photograph, license

plate number, and any other data captured by or derived from any automatic license plate reader

system.

     (3) "Alert" means data held by the department of motor vehicles, the state criminal justice

information system, the national crime information center, the FBI kidnappings and missing

persons list, and the Rhode Island missing children clearinghouse.

     (4) "Governmental entity" has been given meaning in § 37-2-7(29).

     31-54-2. Restrictions on use. – (a) Except as provided for in subsection (b) herein, it

shall be unlawful for any individual, partnership, corporation, association, or the state of Rhode

Island, its agencies, and political subdivisions to use an automated license plate reader system.

     (b) Automated license plate reader systems may be used for the purposes of identifying:

     (1) Outstanding parking or traffic violations;

     (2) A vehicle registered to an individual for whom there is an outstanding warrant;

     (3) A vehicle associated with a missing person; or

     (4) For the purpose of electronic toll collection.

     31-54-3. Security of records. – (a) Data captured in accordance with § 31-54-2 shall not

be used or shared for any other purpose; provided, that aggregate data not containing personal

identifying information may be released.

     (b) All recorded images that do not identify a violation shall be destroyed within forty-

eight (48) hours of the time the image was recorded, unless ordered by a court of competent

jurisdiction.

     (c) All recorded images that identify a violation shall be destroyed within one year after

the citation is resolved by administrative payment, trial, or other final disposition, unless ordered

by a court of competent jurisdiction.

     (d) Any entity that uses automated license plate reader systems pursuant to § 31-54-2

shall update those systems from the databases enumerated therein every twenty-four (24) hours if

such updates are available or as soon as practicable thereafter.

     (e) Entities authorized to use automated license plate reader systems in accordance with §

31-54-2 shall not sell, trade, or exchange captured plate data for any purpose.

     31-54-4. Traffic violation procedure. – If a vehicle is identified under this chapter as

possessing outstanding parking or traffic violations, the following information shall be sent to the

registered owner within fourteen (14) days of identification:

     (1) A copy of the recorded image taken as proof of the violation;

     (2) A signed statement by a trained law enforcement officer that, based on inspection of

recorded images, the motor vehicle was properly identified according to this statute;

     (3) A statement that the vehicle identified met the criteria of § 31-52-2(b); and

     (4) A list of the violations, including, but not limited to, the nature of the violation, and

the location and date of the violation.

     31-54-5. Reporting. – Any entity that uses automated license plate reader systems

pursuant to § 31-54-2 shall:

     (1) Adopt a policy governing use of the system and conspicuously post the policy on the

entity’s Internet website;

     (2) Adopt a privacy policy to ensure that captured plate data is not shared in violation of

this act or any other law and conspicuously post the privacy policy on the entity’s Internet

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website;

     (3) Report annually its automated license plate reader system practices and usage to the

state or local agency that governs the entity. The report shall also be conspicuously posted on the

entity’s Internet website. The report shall include:

     (i) The number of license plates scanned;

     (ii) The names of the lists against which captured plate data was checked, the number of

confirmed matches, and the number of matches that upon further investigation did not correlate to

an alert;

     (iii) The number of matches that resulted in citation, arrest or prosecution;

     (iv) The number of violations resolved by mail;

     (v) The number of violations dismissed after trial or hearing;

     (vi) The cost to maintain the automated license plate reader system; and

     (vii) The amount of revenue obtained from the automated license plate reader system.

     31-54-6. Use of evidence in criminal and civil cases. – Any evidence obtained as a

result of an automated license plate reader system use prohibited by § 31-54-2 shall be

inadmissible in any judicial proceeding. Nothing contained herein shall be construed to preclude

any investigation otherwise based upon any legally sufficient cause.

     31-54-7. Penalties. – In any civil action alleging a violation of this chapter, the court

may:

     (1) Award to a prevailing plaintiff punitive damages in addition to any award of actual

damages, and reasonable attorneys’ fees; and

     (2) Afford injunctive relief against any individual or entity who commits or proposes to

commit a violation of this chapter.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED LICENSE PLATE

READER SYSTEM

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     This act would create an automated license plate reader system. It would make it

unlawful for any individual, partnership, corporation, association, or the state of Rhode Island, its

agencies and political subdivisions to use an automated license plate reader system, except for

outstanding parking or traffic violations, identifying a vehicle registered to one for whom there is

an outstanding warrant, identifying a vehicle associated with a missing person, or for the purpose

of electronic toll collection.

     This act would take effect upon passage.

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LC004331

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