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2015 Regular Session
SENATE BILL NO. 250
BY SENATOR JOHNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LAW ENFORCEMENT. Creates a pilot program (Statewide Motor Vehicle Theft and
Uninsured Motorists Identification Program) involving the use of license plate recognition
devices for certain purposes. (8/1/15)
1 AN ACT
2 To enact Part II-A of Chapter 1 of Title 32 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 32:26, relative to motor vehicles and traffic regulation; to create
4 the Statewide Motor Vehicle Theft and Uninsured Motorists Identification Program;
5 to provide relative to a pilot program using automatic license plate recognition
6 systems to identify stolen vehicles and uninsured motorists; to provide definitions;
7 to provide penalties; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Part II-A of Chapter 1 of Title 32 of the Louisiana Revised Statutes of
10 1950, comprised of R.S. 32:26, is hereby enacted to read as follows:
11 PART II-A. STATEWIDE MOTOR VEHICLE THEF T AND UNINSURED
12 MOTORISTS IDENTIFICATION PROGRAM
13 ยง26. Pilot program; Statewide Motor Vehicle Theft and Uninsured Motorists
14 Identification Program
15 A. The Legislature of Louisiana recognizes the critical need for the
16 criminal justice system to be able to reduce the incidence of crimes involving
17 motor vehicle theft and uninsured motorists, which adversely affect public
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1 safety and the finances of both the state and individuals. The legislature also
2 acknowledges that there is a need for the identification of persons committing
3 those crimes by the most expeditious means available in order to detect and
4 prevent both motor vehicle theft and the operation of motor vehicles on
5 Louisiana highways by uninsured motorists, and to ensure compliance with
6 local, state, and federal laws. Technology can be of great assistance in ensuring
7 public safety, and the criminal justice system should be permitted to utilize such
8 technology in deterring motor vehicle theft and in the identification of
9 uninsured motorists. Accordingly, the legislature hereby creates a pilot
10 program to be known as the State Motor Vehicle Theft and Uninsured
11 Motorists Identification Program.
12 B. The pilot program created by this Section shall be implemented and
13 administered solely by the participating law enforcement agencies. The sheriff's
14 office in each parish of the state, in cooperation with that parish's district
15 attorney's office, is authorized to participate in the pilot program by entering
16 into an agreement to participate with appropriate agencies and other entities
17 in each jurisdiction. In order to implement this pilot program, the use of
18 technology and software to aid in detection of offenses involving motor vehicle
19 theft and uninsured motorists is necessary and desirable, and in order to
20 effectuate the program participating law enforcement agencies shall have the
21 authority to enter into contractual agreements with other entities.
22 C.(1) The use of an automatic license plate recognition system utilizing
23 individual automatic license plate reader system units is authorized for those
24 law enforcement agencies participating in the pilot program, as well as other
25 entities with which those participating law enforcement agencies contract in
26 order to implement and operate the pilot program.
27 (2) An authorized user under this Subsection may use an automated
28 license plate recognition system only for the official and legitimate purposes of
29 the user's employer.
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1 (3) For purposes of this Subsection:
2 (a) "Authorized user" means an employee of the participating law
3 enforcement agency or an employee of the other entity authorized by that entity
4 to use the system for a legitimate purpose.
5 (b) "Automatic license plate recognition system" means a system of one
6 or more mobile or fixed high-speed cameras combined with computer
7 algorithms to convert images of registration plates into computer-readable data.
8 (c) "Legitimate purpose" for law enforcement agencies means access to
9 collected data for the investigation, detection, analysis, or enforcement of the
10 law regarding a criminal offense, including a traffic violation.
11 (d) "Legitimate purpose" for the entities that are a party to an
12 agreement or contract with the participating law enforcement agencies includes
13 the collection and storage of data to assist the participating law enforcement
14 agency in developing, utilizing, and managing the pilot program.
15 D. For purposes of this Section:
16 (1) "Active data" means data uploaded to an individual automatic
17 license plate reader system unit before operation, as well as data gathered
18 during the operation of an automated license plate reader system unit.
19 (2) "Captured plate data" means the global positioning system
20 coordinates, date and time, photograph, license plate number, and any other
21 data captured by or derived from an automatic license plate recognition system,
22 and includes both historical and active data.
23 (3) "Historical data" means any data collected by an individual
24 automatic license plate reader system unit and stored in a database.
25 (4) "Law enforcement agency", except as provided in Paragraph (6) of
26 this Subsection, includes a district attorney's office of any parish, the sheriff's
27 office of any parish, the police department of any municipality, the attorney
28 general's office, the Department of Public Safety and Corrections, office of state
29 police and office of motor vehicles, and the Department of Wildlife and
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1 Fisheries.
2 (5) "Other entity" means an entity with which a participating law
3 enforcement agency contracts to implement and administer the pilot program.
4 (6) "Participating law enforcement agency" means the law enforcement
5 agency operating the pilot program, and is limited to the respective sheriff's
6 offices and district attorney's offices in the pilot program parishes.
7 (7) "Pilot program" or "program" means the State Motor Vehicle Theft
8 and Uninsured Motorists Identification Program.
9 E. A central database for the collection, storage, and dissemination of
10 data captured by an automatic license plate recognition system shall be
11 established and operated by participating law enforcement agencies, which
12 database shall be located in a secure area.
13 (1) The central database shall fully comply with all National Law
14 Enforcement Telecommunications System (NLETS) and Federal Bureau of
15 Investigation hosting and security standards.
16 (2) Access to the database shall be restricted to authorized law
17 enforcement agency users in the pilot program and to any entities with whom
18 the participating law enforcement agencies contract to establish and operate the
19 program.
20 F. To accomplish the purposes of the pilot program, all private passenger
21 and commercial motor vehicle liability insurers operating in the state of
22 Louisiana shall make a one-time data transmission to the central database of
23 each participating law enforcement agency that is established pursuant to
24 Subsection E of this Section by utilizing the NLETS Uniform Resource Locator
25 (URL) for their daily transmission forms updating both their coverage of and
26 cancellation of coverage of all the policies that they issue and vehicles that they
27 insure, and shall make daily updates to this system.
28 G. The automatic license plate recognition system may be used by a law
29 enforcement officer or other authorized user employed by a participating law
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1 enforcement agency in the jurisdictions of the pilot program as follows:
2 (1) If a law enforcement officer, by using this system, is able to determine
3 that a motor vehicle is stolen or that the operator of a motor vehicle lacks the
4 compulsory insurance required by R.S. 32:861, through the process of accessing
5 information from the central database referred to in Subsection E of this
6 Section, such determination shall constitute probable cause to arrest the
7 operator of the stolen motor vehicle or to issue a citation for the compulsory
8 insurance violation.
9 (2) A law enforcement officer may verify by sworn affidavit that a
10 photograph generated by an automatic license plate reader system unit
11 identifies a particular vehicle operating on a state public highway and that the
12 database shows that the vehicle was uninsured or stolen at the time such vehicle
13 was being operated. Such affidavit shall constitute probable cause for
14 prosecution under any applicable state law.
15 H. Data collected or retained through the use of an automated license
16 plate recognition system may be retained by a law enforcement agency for not
17 more than sixty days, except when the data is being used as evidence of a
18 violation of the compulsory motor vehicle insurance law or for felonies being
19 investigated, including but not limited to motor vehicle theft, homicide,
20 kidnapping, and burglary, or for the purpose of AMBER Alerts and Blue
21 Alerts.
22 I.(1) Data collected or retained through the use of an automated license
23 plate recognition system, including both historical and active data, is
24 confidential and available for use only by a law enforcement agency
25 participating in the pilot program and by any other entity agency with which
26 the participating law enforcement agency contracts for purposes of the pilot
27 program's operation.
28 (2) Data collected or retained through the use of an automated license
29 plate recognition system shall not be used by any individual or agency for
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1 purposes other than law enforcement.
2 (3) No law enforcement agency or other entity authorized to operate
3 under this program shall sell captured plate data for any purpose, or share it
4 for any purpose not expressly authorized by this Section.
5 (4) A participating law enforcement agency may provide data to another
6 law enforcement agency, as defined in Subsection D of this Section, upon
7 written request of the other law enforcement agency when that agency is
8 engaged in an ongoing investigation or prosecution of a felony offense.
9 (5) Any and all data collected, retained, or shared through the use of an
10 automated license plate recognition system and any and all information
11 concerning the operation of the pilot program is exempt from the Public
12 Records Law in accordance with R.S. 44:3.
13 (6) Any person who violates any provision of this Subsection may be
14 imprisoned for not more than six months, or fined not more than one thousand
15 dollars, or both.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
SB 250 Original 2015 Regular Session Johns
Proposed law creates and provides relative to a pilot program to be known as the State Motor
Vehicle Theft and Uninsured Motorists Identification Program.
Proposed law sets forth the legislative intent and purposes for proposed law, including:
(1)Recognition of the critical need for the criminal justice system to be able to reduce
the incidence of crimes involving motor vehicle theft and uninsured motorists.
(2)The need to identify persons committing those crimes by the most expeditious means
available in order to detect and prevent both motor vehicle theft and the operation
of motor vehicles by uninsured motorists.
Proposed law notes that technology can be of great assistance in ensuring public safety, and
the criminal justice system should be permitted to utilize such technology in deterring motor
vehicle theft and in the identification of uninsured motorists.
Proposed law authorizes the sheriff's office in each parish of the state, in cooperation with
that parish's district attorney's office to participate in the pilot program by entering into an
agreement to participate with appropriate agencies and other entities in each jurisdiction.
Proposed law further provides that to implement this pilot program, the use of technology
and software to aid in detection of offenses involving motor vehicle theft and uninsured
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motorists is necessary and desirable, and participating law enforcement agencies in these
parishes have the authority to enter into contractual agreements with other entities.
Proposed law authorizes the use of automatic license plate recognition systems utilizing
individual automatic license plate reader system units for those law enforcement agencies
participating in the pilot program, as well as other entities with which those participating law
enforcement agencies contract in order to implement and operate the pilot program.
Proposed law provides that an authorized user may use an automated license plate
recognition system only for the official and legitimate purposes of the user's employer.
Proposed law provides the following definitions:
(1)"Authorized user" means an employee of the participating law enforcement agency
or an employee of the other entity authorized by that entity to use the system for a
legitimate purpose.
(2)"Automatic license plate recognition system" means a system of one or more mobile
or fixed high-speed cameras combined with computer algorithms to convert images
of registration plates into computer-readable data.
(3)"Legitimate purpose" for law enforcement agencies means access to collected data
for the investigation, detection, analysis, or enforcement of the law regarding a
criminal offense, including a traffic violation.
(4)"Legitimate purpose" for the entities that are a party to an agreement or contract with
the participating law enforcement agencies includes the collection and storage of
data to assist the participating law enforcement agency in developing, utilizing, and
managing the pilot program.
(5)"Active data" means data uploaded to an individual automatic license plate reader
system unit before operation, as well as data gathered during the operation of an
automated license plate reader system unit.
(6)"Captured plate data" means the global positioning system coordinates, date and
time, photograph, license plate number, and any other data captured by or derived
from an automatic license plate recognition system, and includes both historical and
active data.
(7)"Historical data" means any data collected by an individual automatic license plate
reader system unit and stored in a database.
(8)"Law enforcement agency," except as provided elsewhere in proposed law, includes
a district attorney's office of any parish, the sheriff's office of any parish, the police
department of any municipality, the attorney general's office, the Dept. of Public
Safety and Corrections, office of state police and office of motor vehicles, and the
Dept. of Wildlife and Fisheries.
(9)"Participating law enforcement agency" means the law enforcement agency
operating the pilot program in one of the pilot program parishes established by
proposed law, and is limited to the respective sheriff's offices and district attorney's
offices in the pilot program parishes.
(10)"Pilot program" or "program" means the State Motor Vehicle Theft and Uninsured
Motorists Identification Program.
Proposed law provides that a central database for the collection, storage, and dissemination
of data captured by an automatic license plate recognition system is to be established and
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operated by the participating law enforcement agencies, which database must be located in
a secure area. Proposed law further provides that the central database must fully comply
with all National Law Enforcement Telecommunications System (NLETS) and FBI hosting
and security standards, and access to the database is to be restricted to authorized law
enforcement agency users in the pilot program and to any other entities with whom the
participating law enforcement agencies contract to establish and operate the program.
Proposed law provides that in order to accomplish the purposes of the pilot program, all
private passenger and commercial motor vehicle liability insurers operating in the state are
required to make a one-time data transmission to the central database of each participating
law enforcement agency that is established pursuant to proposed law by utilizing the NLETS
Uniform Resource Locator (URL) for their daily transmission forms updating both their
coverage of and cancellation of coverage for all the policies that they issue and vehicles that
they insure, and are to make daily updates to this system.
Proposed law provides that the automatic license plate recognition system may be used by
a law enforcement officer or other authorized user employed by the participating law
enforcement agency in the jurisdictions of the pilot program as follows:
(1)If a law enforcement officer by using this system is able to determine that a motor
vehicle is stolen or that the operator of a motor vehicle lacks the compulsory
insurance required by present law, such determination constitutes probable cause to
arrest the operator of the stolen motor vehicle or to issue a citation for the
compulsory insurance violation.
(2)A law enforcement officer may verify by sworn affidavit that a photograph generated
by an automatic license plate reader system unit identifies a particular vehicle
operating on a state public highway and that the database shows that the vehicle was
uninsured or stolen at the time such vehicle was being operated, which affidavit
constitutes probable cause for prosecution under any applicable present law.
Proposed law provides that data collected or retained through the use of an automated license
plate recognition system may be retained by a law enforcement agency for not more than 60
days, except when the data is being used as evidence of a violation of the compulsory motor
vehicle insurance law or for felonies being investigated, including but not limited to motor
vehicle theft, homicide, kidnapping, and burglary, or for the purpose of AMBER Alerts and
Blue Alerts.
Proposed law provides that data collected or retained through the use of an automated license
plate recognition system, including both historical and active data, is confidential and
available for use only by a law enforcement agency participating in the pilot program and
by any other entity agency with which the participating law enforcement agency contracts
for purposes of the pilot program's operation.
Proposed law provides that data collected or retained through the use of an automated license
plate recognition system cannot be used by any individual or agency for purposes other than
law enforcement.
Proposed law provides that no law enforcement agency or other entity authorized to operate
under this program can sell captured plate data for any purpose, or share it for any purpose
not expressly authorized by proposed law. Proposed law further provides that a participating
law enforcement agency may provide data to another law enforcement agency upon written
request of the other law enforcement agency when that agency is engaged in an ongoing
investigation or prosecution of a felony offense. Proposed law further provides that any and
all data collected, retained, or shared through the use of an automated license plate
recognition system and any and all information concerning the operation of the pilot
program is exempt from disclosure under present law (Public Records Law).
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Proposed law provides that any person who violates any provision of proposed law relative
to use of data and confidentiality may be imprisoned for up to six months, or fined up to
$1,000, or both.
Effective August 1, 2015.
(Adds R.S. 32:26)
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