Rhode Island 2023 Regular Session

Rhode Island House Bill H5365 Compare Versions

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

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5	5	2023 -- H 5365
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7	7	LC001233
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL PROCEDURE -- AUTOMATED LICENSE PL ATE READERS
16	16	Introduced By: Representatives Solomon, and Casey
17	17	Date Introduced: February 03, 2023
18	18	Referred To: House Judiciary
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20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby 1
23	23	amended by adding thereto the following chapter: 2
24	24	CHAPTER 5.3 3
25	25	AUTOMATED LICENSE PLATE READERS 4
26	26	12-5.3-1. Automated license plate reader defined. 5
27	27	As used in this chapter, “automated license plate reader” means an electronic device 6
28	28	mounted on a law enforcement vehicle or positioned in a stationary location that is capable of 7
29	29	recording data on, or taking a photograph of, the license plate of a vehicle and comparing the 8
30	30	collected data and photographs to existing law enforcement databases for investigative purposes. 9
31	31	"Automated license plate reader" includes a device that is owned or operated by a person who is 10
32	32	not a government entity to the extent that data collected by the reader is shared with a law 11
33	33	enforcement agency. For the purposes of this chapter, “automated license plate reader” does not 12
34	34	refer to those electronic devices mounted on a law enforcement vehicle or positioned in a stationary 13
35	35	location that is capable of recording data on, or taking a photograph of, the license plate of a vehicle 14
36	36	solely for the purpose of recording the speed on a vehicle, recording information for tolling 15
37	37	purposes, or recording traffic patterns and assessing traffic violations at an intersection. 16
38	38	12-5.3-2. Approval mandatory for funding acquisition or use. 17
39	39	(a) Unless otherwise prohibited by city or town charter, a municipal law enforcement 18
40	40	agency shall obtain city or town council approval following an advertised public hearing of the 19
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43	43	LC001233 - Page 2 of 6
44	44	council prior to engaging in any of the following acts: 1
45	45	(1) Seeking funds for automated license plate readers, including, but not limited to, 2
46	46	applying for a grant or soliciting or accepting state or federal funds or in-kind or other donations; 3
47	47	(2) Acquiring or borrowing automated license plate readers, whether or not that acquisition 4
48	48	is made through the exchange of monies or other consideration; or 5
49	49	(3) Entering into an agreement with any other person or entity to acquire, share, or 6
50	50	otherwise use automated license plate readers or data therefrom. 7
51	51	(b) Any municipal law enforcement agency exempt from obtaining city or town council 8
52	52	approval pursuant to subsection (a) of this section shall be required to formally advise the council 9
53	53	of any actions taken to purchase or otherwise fund, acquire, or use an automated license plate 10
54	54	reader. 11
55	55	(c) A state law enforcement agency shall adopt, via rulemaking procedures pursuant to 12
56	56	chapter 35 of title 42, its policies and procedures relating to the operation of an automated license 13
57	57	plate reader system prior to engaging in any of the following acts: 14
58	58	(1) Seeking funds for automated license plate readers, including, but not limited to, 15
59	59	applying for a grant or soliciting or accepting state or federal funds or in-kind or other donations; 16
60	60	(2) Acquiring or borrowing automated license plate readers, whether or not that acquisition 17
61	61	is made through the exchange of monies or other consideration; or 18
62	62	(3) Entering into an agreement with any other person or entity to acquire, share, or 19
63	63	otherwise use automated license plate readers or data therefrom. 20
64	64	12-5.3-3. Regulated use of automated license plate readers. 21
65	65	(a) Operation of and access to an automated license plate reader shall be for official law 22
66	66	enforcement purposes only, and shall only be used to scan, detect, and identify license plate 23
67	67	numbers for the purpose of identifying: 24
68	68	(1) Stolen vehicles; 25
69	69	(2) Vehicles associated with wanted, missing, or endangered persons; 26
70	70	(3) Vehicles that register as a match within the National Crime Information Center; and 27
71	71	(4) Vehicles associated with a suspect in an ongoing, active investigation of a violent felony 28
72	72	or domestic violence offense. 29
73	73	(b) An automated license plate reader shall not be used for: 30
74	74	(1) Photographing or recording or producing images of the occupants of a motor vehicle; 31
75	75	(2) Photographing or recording or producing images of further identifying features of a 32
76	76	vehicle other than those captured on the rear of the vehicle from photographing or recording the 33
77	77	license plate number; 34
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81	81	(3) Photographing or recording or producing images of passersby or pedestrians, including 1
82	82	the photographing, recording, or production of images which may identify biometric information 2
83	83	about such passersby or pedestrians through the usage of facial, voice, iris, or other software; 3
84	84	(4) In the absence of a judicial warrant, utilizing any photographs or records or images 4
85	85	produced through the implementation of the automated license plate reader for the purpose of 5
86	86	identifying potentially associated vehicles; 6
87	87	(5) Recording or otherwise capturing audio; or 7
88	88	(6) The identification of a vehicle, or the performance of a search for a vehicle, based on 8
89	89	the contents or message of a bumper sticker or decal. 9
90	90	(c) Prior to using an automated license plate reader, the municipal or state law enforcement 10
91	91	agency that intends to use the technology shall certify that the automated license plate reader meets 11
92	92	all requirements of this chapter and that the agency has a policy or policies in effect governing its 12
93	93	use in accordance with this chapter and a documented training process for the officers that will use 13
94	94	it. 14
95	95	(d) A positive match by an automated license plate reader alone shall not constitute 15
96	96	reasonable suspicion as grounds for a law enforcement officer to stop the vehicle. Prior to stopping 16
97	97	a vehicle based on identification within the automated license plate reader database, the officer 17
98	98	shall immediately confirm visually that the license plate on the vehicle matches the image of the 18
99	99	license plate displayed on the automated license plate reader and that the license plate number 19
100	100	meets one of the criteria specified in subsection (a) of this section. 20
101	101	(e) Records of license plates recorded by an automated license plate reader shall not be 21
102	102	transmitted for any other purpose and shall be purged from the database or system within thirty 22
103	103	(30) days of their capture in such a manner that they are destroyed and not recoverable, unless the 23
104	104	identification of a license plate resulted in an arrest, a citation, or identified a vehicle that was the 24
105	105	subject of a missing person or wanted broadcast, or remains the subject of an active investigation 25
106	106	to the extent authorized by this chapter, in which case the data on the particular license plate may 26
107	107	be retained until final disposition of the matter. Captured license plate data obtained for the 27
108	108	purposes identified in section (a) of this section shall not be used or shared for any other purpose. 28
109	109	(f) A law enforcement officer shall be certified in automated license plate reader operation 29
110	110	by the department of public safety prior to operating an automated license plate reader system. 30
111	111	12-5.3-4. Public log of use required. 31
112	112	(a) A law enforcement agency that installs or uses any automated license plate reader shall 32
113	113	maintain a public log of its use, to be updated on an ongoing monthly basis, containing, but not 33
114	114	limited to, the following information: 34
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118	118	(1) The aggregate number of vehicles on which data is collected for each month of use and 1
119	119	a list of all state and federal databases with which the data were compared, unless the existence of 2
120	120	the database itself is not public; 3
121	121	(2) For each month of use, a breakdown of the number of vehicles in which the collected 4
122	122	data identified a stolen vehicle or license plate, a warrant for the arrest of the owner of the vehicle, 5
123	123	or any other basis for pursuing the owner or operator of a motor vehicle based on an identification 6
124	124	generated in accordance with § 12-5.3-3(a). 7
125	125	(3) The census tract in which any stationary or fixed location automated license plate reader 8
126	126	that is actively collecting data is installed and used; 9
127	127	(4) A summary of complaints or concerns that were received during each month of active 10
128	128	use about the automated license plate reader; and 11
129	129	(5) Any instances of erroneous identification by the automated license plate reader. 12
130	130	(b) The law enforcement agency shall maintain a public list of current and previous census 13
131	131	tracts in which an automated license plate reader is or has been located, including the dates it was 14
132	132	or is utilized at those locations. 15
133	133	12-5.3-5. Review of preexisting uses mandatory. 16
134	134	No later than one hundred twenty (120) days following the effective date of this chapter, 17
135	135	any law enforcement agency seeking to continue the use of any automated license plate reader that 18
136	136	was in use prior to the effective date, shall commence an approval or advisory process in accordance 19
137	137	with §§ 12-5.3-2 and 12-5.3-3. If the continued use of the automated license plate reader has not 20
138	138	been approved within one hundred eighty (180) days of its submission, the municipal entity or state 21
139	139	agency shall cease its use of the automated license plate reader and the sharing of data therefrom 22
140	140	unless and until such time as approval is obtained in accordance with this chapter. 23
141	141	12-5.3-6. Remedies and penalties. 24
142	142	(a) The attorney general may seek appropriate relief, including an injunction banning or 25
143	143	restricting the use of automated license plate readers, against an agency found to have violated the 26
144	144	provisions of this chapter. 27
145	145	(b) Any violation of this chapter shall be subject to the remedies available for a deprivation 28
146	146	of the right to privacy as provided in § 9-1-28.1(b). 29
147	147	(c) Any data or other information created or collected in contravention of this chapter, and 30
148	148	any data or information derived therefrom, shall be immediately deleted and destroyed, and may 31
149	149	not be offered as evidence by any municipal or state governmental entity in any criminal or civil 32
150	150	action or proceeding, except as evidence of the violation of this chapter or be voluntarily provided 33
151	151	to another person or entity for use as evidence or for any other purpose. 34
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155	155	(d) Notwithstanding subsection (c) of this section, if, upon the discovery of data or other 1
156	156	information that was created or collected in contravention of this chapter, it appears such data or 2
157	157	information may be material to the defense in a criminal prosecution, a copy of the relevant, 3
158	158	potentially material data or other information shall be turned over to the defendant before it is 4
159	159	deleted and destroyed. 5
160	160	SECTION 2. This act shall take effect upon passage. 6
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162	162	LC001233
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167	167	EXPLANATION
168	168	BY THE LEGISLATIVE COUNCIL
169	169	OF
170	170	A N A C T
171	171	RELATING TO CRIMINAL PROCEDURE -- AUTOMATED LICENSE PL ATE READERS
172	172	***
173	173	This act would provide for municipal and state police authorities to acquire and to utilize 1
174	174	automated license plate readers. Further, the act would identify what data may be collected and in 2
175	175	what ways the data can be used. 3
176	176	This act would take effect upon passage. 4
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178	178	LC001233
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