| 1 | 1 | | By: Harrison H.B. No. 3999 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the use of automatic license plate readers by a law |
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| 7 | 7 | | enforcement agency. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 750, Transportation Code, is amended by |
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| 10 | 10 | | adding Section 750.004 to read as follows: |
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| 11 | 11 | | Sec. 750.004. AUTOMATIC LICENSE PLATE READER. (a) In this |
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| 12 | 12 | | section, "automatic license plate reader" means a system that reads |
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| 13 | 13 | | and records license plate numbers taken from digital photographs. |
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| 14 | 14 | | (b) A law enforcement agency may use an automatic license |
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| 15 | 15 | | plate reader only as authorized by a warrant or court order. |
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| 16 | 16 | | (c) Images and any related data produced from an automatic |
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| 17 | 17 | | license plate reader used by a law enforcement agency may be used |
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| 18 | 18 | | only for the purpose of investigating a criminal offense that is a |
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| 19 | 19 | | violent offense as defined in Article 17.50(a)(3), Code of Criminal |
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| 20 | 20 | | Procedure. |
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| 21 | 21 | | (d) Images and any related data produced from an automatic |
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| 22 | 22 | | license plate reader used by a law enforcement agency must be |
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| 23 | 23 | | destroyed promptly after collection unless the image or data is |
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| 24 | 24 | | from a motor vehicle that: |
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| 25 | 25 | | (1) is involved in a criminal offense described by |
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| 26 | 26 | | Subsection (c) or an ongoing criminal investigation of such an |
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| 27 | 27 | | offense; or |
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| 28 | 28 | | (2) is registered to a person who is involved in a |
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| 29 | 29 | | criminal offense described by Subsection (c) or an ongoing criminal |
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| 30 | 30 | | investigation of such an offense. |
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| 31 | 31 | | (e) A law enforcement agency may not enter into an agreement |
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| 32 | 32 | | with a person to provide images or any related data produced from an |
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| 33 | 33 | | automatic license plate reader to the person except for a purpose |
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| 34 | 34 | | otherwise authorized by this section. |
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| 35 | 35 | | (f) A law enforcement agency that uses an automatic license |
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| 36 | 36 | | plate reader in accordance with this section shall: |
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| 37 | 37 | | (1) adopt a policy regarding the agency's use of |
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| 38 | 38 | | automatic license plate readers; |
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| 39 | 39 | | (2) annually compile a report regarding the agency's |
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| 40 | 40 | | use of automatic license plate readers, including: |
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| 41 | 41 | | (A) the number of license plates scanned by the |
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| 42 | 42 | | agency; and |
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| 43 | 43 | | (B) the number of license plate scans that the |
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| 44 | 44 | | agency used in an investigation that led to the arrest or |
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| 45 | 45 | | prosecution of a person; and |
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| 46 | 46 | | (3) annually publish the policy described by |
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| 47 | 47 | | Subdivision (1) and the report described by Subdivision (2) on the |
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| 48 | 48 | | agency's publicly accessible Internet website. |
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| 49 | 49 | | SECTION 2. This Act takes effect September 1, 2023. |
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