RDCSB250 2073 3701
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 250 Reengrossed 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
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)"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.
(2)"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.
(3)"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. This definition does not include
a traffic camera as referenced in R.S. 32:393(I).
(4)"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.
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(5)"Historical data" means any data collected by an individual automatic license plate
reader system unit and stored in a database.
(6)"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.
(7)"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.
(8)"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.
(9)"Other entity" means an entity with which a participating law enforcement agency
contracts to implement and administer the pilot program.
(10)"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.
(11)"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
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, the
Department of Public Safety and Corrections, public safety services, shall allow access to
the vehicle registration and compulsory motor vehicle insurance databases to be used only
in connection with the automatic license plate recognition system established pursuant to
proposed law.
Proposed law requires the Department of Public Safety and Corrections, public safety
services to allow access to the data from the databases in accordance with a memorandum
of understanding to be executed between the Department of Public Safety, sheriffs, and
district attorneys in the state.
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 owner of a motor vehicle lacks the compulsory insurance
required by present law, the determination constitutes probable cause to arrest the
operator of the stolen motor vehicle or to issue a citation to the owner of the motor
vehicle 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 public highway and that the database shows that the vehicle was
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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, kidnaping, 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).
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. 32:46)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill
1. Requires the Department of Public Safety and Corrections, public safety
services to allow access to the vehicle registration and compulsory motor
vehicle insurance databases to be used in connection with the automatic
license plate recognition system.
2. Requires the Department of Public Safety and Corrections, public safety
services to allow access to the data from the databases in accordance with a
memorandum of understanding between the Department of Public Safety and
Corrections, sheriffs, and district attorneys in the state.
Senate Floor Amendments to engrossed bill
1. Legislative Bureau technical changes.
Summary of Amendments Adopted by House
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The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the reengrossed bill:
1. Provide that each definition in proposed law shall apply to all of proposed law.
2. Add that the definition of "automatic license plate recognition system" shall not
include a traffic camera as referenced in proposed law.
3. Remove phrase "including a traffic violation" from the definition of "legitimate
purpose".
4. Provide that if a law enforcement officer by using this system is able to
determine that the owner, rather than the operator, of a motor vehicle lacks the
compulsory insurance required by present law, the determination constitutes
probable cause to issue a citation to the owner of the motor vehicle, rather than
the operator, for the compulsory insurance violation.
5. Remove reference to "state" public highway.
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