01-17 10:55 S.B. 138
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License Plate Reader Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
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LONG TITLE
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General Description:
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This bill amends provisions related to the usage of data from an automatic license plate
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reader.
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Highlighted Provisions:
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This bill:
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▸ allows a government entity to use information and data obtained from an automatic
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license plate reader for certain law enforcement purposes, including certain instances
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where the information was not obtained pursuant to a warrant.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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41-6a-2004, as last amended by Laws of Utah 2023, Chapter 524
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41-6a-2005, as last amended by Laws of Utah 2023, Chapter 524
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 41-6a-2004 is amended to read:
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41-6a-2004 . Captured plate data -- Preservation and disclosure.
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(1) Captured plate data obtained for the purposes described in Section 41-6a-2003:
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(a) in accordance with Section 63G-2-305, is a protected record under Title 63G,
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Chapter 2, Government Records Access and Management Act, if the captured plate
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data is maintained by a governmental entity;
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(b) may not be used or shared for any purpose other than the purposes described in
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Section 41-6a-2003;
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(c) except as provided in Subsection (3), may not be preserved for more than nine
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months by a governmental entity except pursuant to: S.B. 138 01-17 10:55
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(i) a preservation request under Section 41-6a-2005;
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(ii) a disclosure order under Subsection 41-6a-2005(2); or
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(iii) a warrant issued under the Utah Rules of Criminal Procedure or an equivalent
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federal warrant; and
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(d) may only be disclosed:
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(i) in accordance with the disclosure requirements for a protected record under
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Section 63G-2-202;
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(ii) pursuant to a disclosure order under Subsection 41-6a-2005(2); or
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(iii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
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equivalent federal warrant.
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(2)(a) A governmental entity that is authorized to use an automatic license plate reader
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system under this part may not sell captured plate data for any purpose.
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(b) A governmental entity that is authorized to use an automatic license plate reader
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system under this part may not share or use captured plate data for a purpose not
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authorized under Subsection 41-6a-2003(2).
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(c) Notwithstanding the provisions of this section, a governmental entity may preserve
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and disclose aggregate captured plate data for planning and statistical purposes if the
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information identifying a specific license plate is not preserved or disclosed.
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(3) Plate data collected in accordance with Section 72-6-118 may be preserved so long as
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necessary to collect the payment of a toll or penalty imposed in accordance with Section
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72-6-118 and the nine-month preservation limitation described in Subsection (1)(c) shall
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not apply.
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(4)(a) Except as provided in Subsections (1)(c)(i) through (1)(c)(iii), a governmental
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entity shall destroy as soon as reasonably possible, in an unrecoverable manner, plate
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data obtained pursuant to this chapter that is not specifically necessary to achieve the
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authorized objectives under Subsection 41-6a-2003(2).
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(b) Subsection (4)(a) applies to data a governmental entity obtains:
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(i) from a nongovernmental entity[ pursuant to a warrant]; or
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(ii) from an automatic license plate reader system owned or operated by a
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governmental entity.
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Section 2. Section 41-6a-2005 is amended to read:
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41-6a-2005 . Preservation request.
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(1) A person or governmental entity using an automatic license plate reader system shall
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take all steps necessary to preserve captured plate data in its possession for 14 days after
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the date the data is captured pending the issuance of a court order requiring the
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disclosure of the captured plate data if a governmental entity or defendant in a criminal
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case requesting the captured plate data submits a written statement to the person or
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governmental entity using an automatic license plate reader system:
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(a) requesting the person or governmental entity to preserve the captured plate data;
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(b) identifying:
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(i) the camera or cameras for which captured plate data shall be preserved;
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(ii) the license plate for which captured plate data shall be preserved; or
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(iii) the dates and time frames for which captured plate data shall be preserved; and
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(c) notifying the person or governmental entity maintaining the captured plate data that
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the governmental entity or defendant in a criminal case is applying for a court order
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for disclosure of the captured plate data.
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(2)(a) A governmental entity or defendant in a criminal case may apply for a court order
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for the disclosure of captured plate data possessed by a governmental entity.
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(b) A court that is a court of competent jurisdiction shall issue a court order requiring the
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disclosure of captured plate data if the governmental entity or defendant in a criminal
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case offers specific and articulable facts showing that there are reasonable grounds to
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believe that the captured plate data is relevant and material to an ongoing criminal or
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missing person investigation.
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(3) Captured plate data that is the subject of an application for a disclosure order under
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Subsection (2) may be destroyed at the later of:
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(a) the date that an application for an order under Subsection (2) is denied and any
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appeal exhausted;
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(b) the end of 14 days, if the person or governmental entity does not otherwise preserve
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the captured plate data; or
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(c) the end of the period described in Subsection 41-6a-2004(1)(c).
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(4) Notwithstanding Subsection (2), a governmental entity may enter into a memorandum
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of understanding with another governmental entity to share access to an automatic
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license plate reader system or captured plate data otherwise authorized by this part.
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(5) A governmental entity may obtain, receive, or use captured plate data from a
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nongovernmental entity only[:]
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[(a)(i) pursuant to a warrant issued using the procedures described in the Utah Rules of
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Criminal Procedure or an equivalent federal warrant; or]
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[(ii) using the procedure described in Subsection (2); and]
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[(b)] for the purposes authorized in Subsection 41-6a-2003(2).
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(6)(a) A law enforcement agency shall preserve a record of:
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(i) the number of times a search of captured license plate data is conducted by the
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agency or the agency's employees or agents; and
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(ii) the crime type and incident number associated with each search of captured
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license plate data.
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(b) A law enforcement agency shall preserve a record identified in Subsection (6)(a) for
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at least five years.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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