RDCSB250 362 4187
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 program for using an automatic license plate
recognition system to identify uninsured motorists and stolen vehicles.
Proposed law provides that the automatic license plate recognition system may be used as
follows:
(1)If a law enforcement officer 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
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 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 program by entering into an
agreement to participate with appropriate agencies and other entities in each jurisdiction.
Proposed law further provides that to implement the 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, by participating law enforcement
agencies and other entities with which those law enforcement agencies contract to implement
and operate the 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
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from an automatic license plate recognition system, and includes both historical and
active data.
(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 and to entities with whom the law enforcement agencies contract
to establish and operate the program.
Proposed law provides that the Dept. 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 Dept. 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, sheriffs, and district attorneys in the
state.
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 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 cannot be used by any individual or agency for purposes other than
law enforcement.
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Proposed law provides that no law enforcement agency or other entity authorized to operate
under this program may 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 when that agency is engaged in an ongoing investigation or prosecution of a felony.
Proposed law further prohibits a law enforcement agency, other entity, or other person from
using an automated license plate recognition system to enforce civil traffic citations by any
method including towing or booting or other immobilization method of a motor vehicle.
Proposed law further provides that any and all data collected, retained, or shared through the
use of an automated license plate recognition system, except data retained as evidence of a
violation of compulsory motor vehicle insurance law or a felony shall be 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 automated license plate recognition system and use of data may be imprisoned for
up to six months, or fined up to $1,000, or both.
Proposed law specifies that, except for the prohibition on use to enforce civil traffic
citations, proposed law applies only to law enforcement agencies, other entities, and
authorized users and shall not apply to or be construed or interpreted in a manner to prohibit
the use of any other automated license plate recognition system by an individual or private
legal entity for purposes not otherwise prohibited by law.
(Amends R.S. 44:4.1(B)(19); 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
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
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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.
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the reengrossed bill:
1. Remove language providing 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.
2. Add prohibition on law enforcement agency, other entity, or other person from
using an automated license plate recognition system to enforce civil traffic
citations by any method including towing or booting.
3. Remove language that any and all information concerning operation of the pilot
program is exempt from the Public Records Law.
4. Add provisions that all data collected, retained, or shared through the use of the
program shall be exempt from the Public Records Law except data retained as
evidence of a violation of compulsory motor vehicle insurance law or a felony
being investigated.
5. Add provision that specifies that proposed law applies only to law enforcement
agencies, other entities, and authorized users and shall not apply to or be
construed or interpreted in a manner to prohibit the use of any other automated
license plate recognition system by an individual or private legal entity for
purposes not otherwise prohibited by law.
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