Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3431 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 425 FILED ON: 1/12/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3431
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William M. Straus
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to license plate readers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/12/2023 1 of 10
16	16	HOUSE DOCKET, NO. 425 FILED ON: 1/12/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3431
18	18	By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 3431) of
19	19	William M. Straus relative to license plate readers. Transportation.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 3597 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to license plate readers.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. The General Laws, as appearing in the 2018 Official Edition, are hereby
31	31	2amended by inserting after chapter 90I the following chapter:-
32	32	3 Chapter 90J Automatic License Plate Reader Systems
33	33	4 Section 1. Definitions
34	34	5 As used throughout this chapter, the following words shall have the following meanings:
35	35	6 "ALPR data" means any data captured, created or originated by an ALPR system,
36	36	7including, without limitation, GPS coordinates, dates, times, images and license plate numbers,
37	37	8existing in an any form or medium, whether electronic, paper or otherwise, and any copies
38	38	9thereof; 2 of 10
39	39	10 "Automated license plate reader system" or "ALPR system" means an automated system
40	40	11of one or more mobile or fixed high-speed cameras combined with computer algorithms to
41	41	12convert images of license plates into computer-readable data;
42	42	13 “Department” means department of transportation;
43	43	14 “Executive office” means executive office of public safety and security;
44	44	15 “Governmental entity” means any official, officer, agency, office, instrumentality,
45	45	16department, division, committee, board, advisory board, commission or other body or authority
46	46	17of the commonwealth, or of any county or municipality, or any employee thereof, or any agent or
47	47	18other person acting on behalf thereof while acting within the scope of such agency or
48	48	19representation;
49	49	20 “Law enforcement agency” means any state or municipal law enforcement agency;
50	50	21 “Law enforcement officer" means a state or municipal police officer or traffic or parking
51	51	22enforcement officer;
52	52	23 "Legitimate law enforcement purpose" means: detection or investigation of a crime,
53	53	24traffic violation or parking violation; operation of AMBER alerts; or searches for missing or
54	54	25endangered persons;
55	55	26 “Non-governmental entity” means any person other than a governmental entity;
56	56	27 “Person” means any individual, partnership, corporation, association, society, entity or
57	57	28governmental entity; 3 of 10
58	58	29 “Preservation request” means written notice delivered by a federal, state or municipal law
59	59	30enforcement agency or a defendant in a criminal case to the executive office or a non-
60	60	31governmental entity requesting that certain ALPR data be preserved and retained for a specified
61	61	32period of time not to exceed 30 days from the date such request is received; provided, that such
62	62	33preservation request shall be accompanied by an affidavit stating: (i) the parameters identifying
63	63	34which ALPR data must be preserved, including, without limitation, the license plate numbers, if
64	64	35any, and the dates, times, and locations; and (ii) that such specified period of time is necessary to
65	65	36obtain a search warrant or production order compelling the production of such ALPR data;
66	66	37provided further, that the agency or defendant may serve subsequent preservation requests
67	67	38pending resolution of any motion filed in connection with such search warrant or production
68	68	39order, or any appeal related thereto;
69	69	40 “Production order” means an order or summons obtained by a defendant in a criminal
70	70	41case charged with a felony requiring a non-governmental entity or the executive office to
71	71	42produce ALPR data; provided, that such order or summons shall be issued in compliance with
72	72	43Massachusetts Rule of Criminal Procedure 17(a)(2); provided further, that any ALPR data
73	73	44produced in response to such order or summons shall be deemed privileged for the purposes of
74	74	45complying therewith;
75	75	46 “Search warrant” means: (i) a federal search warrant issued upon a determination of
76	76	47probable cause by a court or justice authorized to issue warrants in criminal cases that meets the
77	77	48requirements of the Federal Rules of Criminal Procedure; or (ii) a state search warrant issued
78	78	49pursuant to the requirements of sections 2 through 3A, inclusive, of chapter 276 by a court or
79	79	50justice authorized to issue warrants in criminal cases. 4 of 10
80	80	51 Section 2. State or municipal government; permitted uses
81	81	52 Notwithstanding any general or special law or regulation to the contrary, it shall be
82	82	53unlawful for any governmental entity to use an ALPR system; provided, however, that an ALPR
83	83	54system may be used by:
84	84	55 (a) law enforcement agencies for legitimate law enforcement purposes; and
85	85	56 (b) the department or an agent acting on behalf thereof for the purpose of assessing or
86	86	57collecting tolls or parking fees.
87	87	58 Section 3. General obligations
88	88	59 (a) Any database or other information against which license plate numbers are cross-
89	89	60referenced by an ALPR system operated by any person shall be updated every 24 hours, or at
90	90	61such other intervals as updated information become available if greater than 24 hours.
91	91	62 (b) Prior to taking any action in response to an alert or prompt from an ALPR system
92	92	63operated by any person, the individual so alerted shall confirm that the license plate number and
93	93	64state of issuance of the targeted vehicle matches the license plate number and state of issuance
94	94	65that prompted the alert.
95	95	66 Section 4. ALPR data; retention by law enforcement
96	96	67 Notwithstanding any general or special law or regulation to the contrary, not later than 48
97	97	68hours following the time ALPR data is captured, created or originated by an ALPR system
98	98	69operated by a law enforcement agency, the law enforcement agency: 5 of 10
99	99	70 (a) may, at the option of the law enforcement agency, transfer such data to the executive
100	100	71office; and
101	101	72 (b) in any event shall permanently erase or destroy any such data in its possession,
102	102	73custody or control.
103	103	74 Section 5. ALPR data; retention by the executive office
104	104	75 (a) The executive office shall retain and store ALPR data transferred to it pursuant to
105	105	76section 4 for a period of 120 days. At the end of such 120-day period, the executive office shall
106	106	77permanently erase or destroy all such data in its possession, custody, or control.
107	107	78 (b) ALPR data may be retained beyond the 120-day period established under subsection
108	108	79(a) as necessary to comply with a search warrant, production order, or preservation request.
109	109	80 Section 6. ALPR data; retention by non-governmental entities
110	110	81 A governmental entity shall not enter into a business agreement with, or access ALPR
111	111	82data from, a non-governmental entity that retains ALPR data derived from vehicles registered or
112	112	83operated within the Commonwealth for periods longer than those established for the executive
113	113	84office under section 5.
114	114	85 Section 7. ALPR data; government access and review
115	115	86 Notwithstanding any general or special law or regulation to the contrary, a governmental
116	116	87entity may not access, search, review, disclose, or exchange ALPR data from any source;
117	117	88provided, however, that: 6 of 10
118	118	89 (a) a law enforcement agency or officer may access, search or review ALPR data as
119	119	90necessary to comply with section 3;
120	120	91 (b) a law enforcement agency, the executive office or the department, or an agent thereof,
121	121	92may access ALPR data as necessary to install, maintain or repair an ALPR system or a system
122	122	93storing ALPR data;
123	123	94 (d) a governmental entity may access, search, review or disclose ALPR data as necessary
124	124	95to respond to a reasonable belief that an individual is at imminent risk of serious physical injury,
125	125	96death or abduction; provided, that not later than 48 hours after accessing such ALPR data, the
126	126	97agency, executive office or department shall provide written notice to the office of the attorney
127	127	98general describing with particularity the grounds for such emergency access and the parameters
128	128	99of the ALPR data accessed, searched, reviewed or disclosed; provided further, that such ALPR
129	129	100data within the possession, custody or control of the law enforcement agency shall be
130	130	101permanently erased or destroyed not later than 48 hours after such imminent risk ceases to exist;
131	131	102 (e) a law enforcement agency or the executive office may access, search, review or
132	132	103disclose ALPR data as necessary to comply with: (i) sections 5 or 7; or (ii) a search warrant,
133	133	104production order or preservation request issued in connection with the investigation or
134	134	105prosecution of a felony;
135	135	106 (g) a law enforcement agency, a district attorney’s office or the office of the attorney
136	136	107general may access, search, review or disclose ALPR data obtained pursuant to a production
137	137	108order or search warrant in order to further the investigation or prosecution of a felony; provided,
138	138	109that notwithstanding sections 4 and 5, such data may be retained until and shall be permanently 7 of 10
139	139	110erased or destroyed promptly following the conclusion of the investigation or prosecution,
140	140	111including any appeals; or
141	141	112 (h) a governmental entity or an agent thereof may access, search, review or disclose
142	142	113ALPR data for the purpose of assessing, collecting or pursuing tolls, parking fees, or fines related
143	143	114to parking or traffic violations.
144	144	115 Section 8. Additional protections
145	145	116 Notwithstanding any general or special law or regulation to the contrary, ALPR data
146	146	117derived from vehicles registered or operated within the commonwealth shall not be used in any
147	147	118way by any person:
148	148	119 (i) to determine a person’s numerical or other credit rating;
149	149	120 (ii) to determine whether to offer or enter into any secured or unsecured credit facility or
150	150	121loan;
151	151	122 (iii) to determine a person’s insurance rate or rating with respect to any form of
152	152	123insurance, including, without limitation, any policy of life insurance, health insurance,
153	153	124automobile insurance or liability insurance; provided however, that nothing in this subsection
154	154	125shall be construed to prevent the verification of the accuracy of information submitted by an
155	155	126applicant to a motor vehicle insurance carrier or its agent in support of an application for or
156	156	127renewal of a motor vehicle insurance policy in order to make a determination as to whether to
157	157	128extend such insurance coverage;
158	158	129 (iv) to make any determination with respect to hiring, dismissal, discharge, suspension,
159	159	130compensation or any other employment decision; or 8 of 10
160	160	131 (v) to identify targets of or to engage in any form of promotion, marketing, advertising or
161	161	132solicitation.
162	162	133 Nothing in this section shall be construed to prevent a person from reporting unpaid tolls,
163	163	134violations or parking fees to any credit reporting agency.
164	164	135 Section 9. ALPR data; admissibility
165	165	136 (a) Notwithstanding any general or special law or regulation to the contrary, ALPR data
166	166	137produced, obtained or maintained in knowing violation of this chapter shall not be admitted,
167	167	138offered or cited by any governmental entity for any purpose in any criminal, civil, or
168	168	139administrative proceeding.
169	169	140 (b) Notwithstanding any general or special law or regulation to the contrary, ALPR data
170	170	141shall not be discoverable, admissible in evidence or offered or cited for any purpose in any civil
171	171	142or administrative proceeding by any party; provided, however, that subject to subsection (a),
172	172	143such data shall be admissible when offered in any civil or administrative proceeding (i) relating
173	173	144to the collection of tolls, parking fees, or traffic or parking violations, or (ii) arising out of claims
174	174	145of insurance fraud, motor vehicle theft, or motor vehicle repossession.
175	175	146 Section 10. Civil actions
176	176	147 (a) Any aggrieved person may institute a civil action in district or superior court for
177	177	148damages resulting from a violation of this chapter, or in superior court to restrain any such
178	178	149violation. If in any such action a willful violation is found to have occurred, the violator shall not
179	179	150be entitled to claim any privilege absolute or qualified, and he shall, in addition to any liability
180	180	151for such actual damages as may be shown, be liable for treble damages, or, in the alternative, 9 of 10
181	181	152exemplary damages of not less than one hundred and not more than one thousand dollars for
182	182	153each violation, together with costs and reasonable attorney’s fees.
183	183	154 (b) A violation of section 8 of this chapter shall also be a violation of section 2 of chapter
184	184	15593A.
185	185	156 Section 11. Further regulation by governmental entities
186	186	157 Nothing contained in this chapter shall be construed to prevent a law enforcement
187	187	158agency, a municipality, the executive office or the department from adopting stricter limitations
188	188	159with respect to ALPR systems or ALPR data.
189	189	160 Section 12. Reporting
190	190	161 On or before March 1 annually, the executive office shall file a report with the clerks of
191	191	162the senate and house of representatives containing the following information based on data from
192	192	163the prior calendar year: (i) the total number of ALPR systems being operated within the
193	193	164commonwealth; (ii) the number of municipalities submitting ALPR data to the executive office
194	194	165pursuant to section 5; (iii) the number of license plate scans transferred to the executive office
195	195	166pursuant to section 5; and (iv) the number of search warrants and production requests seeking
196	196	167ALPR data served on the executive office.
197	197	168 Section 13. Executive office; rules and regulations
198	198	169 The executive office shall promulgate rules and regulations necessary to implement
199	199	170sections 2 through 7, inclusive, and section 12, including, without limitation, rules and
200	200	171regulations establishing an auditing process to assess compliance with this chapter by
201	201	172governmental entities. 10 of 10
202	202	173 Section 14. Office of the attorney general; enforcement
203	203	174 The attorney general shall enforce sections 2 through 8, inclusive, and shall have the
204	204	175power to petition the court for injunctive relief, relief under chapter 93A, or other appropriate
205	205	176relief against any person that fails to comply therewith.
206	206	177 Section 15. Severability
207	207	178 If any provision of this chapter or the application thereof to any person or circumstance is
208	208	179held invalid, the invalidity shall not affect other provisions or applications of the chapter which
209	209	180can be given effect without the invalid provision or application, and to this end the provisions of
210	210	181this chapter are declared to be severable.