BILL NUMBER: SB 1330 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2012
INTRODUCED BY Senator Simitian
FEBRUARY 23, 2012
An act to add Sections 2413.5 and 2413.7 to the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1330, as amended, Simitian. Vehicles: license plate recognition
technology: personal information.
(1) Existing law authorizes the Department of the California
Highway Patrol to retain license plate data captured by license plate
recognition (LPR) technology for not more than 60 days unless the
data is being used as evidence or for the investigation of felonies.
Existing law prohibits the department from selling the data or from
making the data available to an agency that is not a law enforcement
agency or an individual that is not a law enforcement officer.
Existing law authorizes the department to use LPR data for the
purpose of locating vehicles or persons reasonably suspected of being
involved in the commission of a public offense and requires the
department to monitor the internal use of the data to prevent
unauthorized use and to submit to the Legislature, as a part of the
annual automobile theft report, information on the department's LPR
practices and usage.
This bill would apply similar requirements to state and local law
enforcement agencies other than the Department of the California
Highway Patrol and would require these agencies to comply with
all statutory and constitutional requirements and
the requirements of these provisions, thereby imposing a
state-mandated program by requiring local agencies to perform new
duties.
This bill would also apply similar requirements to persons, as
defined, who use LPR technology and would additionally require, among
other things, disclosure to a law enforcement agency, only pursuant
to a search warrant, except as specified. The bill would require a
law enforcement agency that obtains data pursuant to the search
warrant to notify the person whose information is disclosed that his
or her records have been obtained. The bill would authorize a person
whose information is sold or disclosed in violation of these
provisions to bring a civil action and would entitle the person to
recover any and all consequential and incidental damages, including
all costs and attorney's fees.
Because the failure to comply with these provisions would
constitute an infraction under the Vehicle Code, the bill would also
impose a state-mandated local program, by creating a new crime.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2413.5 is added to the Vehicle Code, to read:
2413.5. (a) (1) The Legislature finds and declares that state and
local law enforcement agencies, in addition to the Department of the
California Highway Patrol, have established vehicle theft
prevention, investigation, and apprehension programs. State and local
law enforcement agencies assist that department and federal law
enforcement agencies by participating in multijurisdictional vehicle
theft investigations and by establishing programs to improve the
ability of law enforcement to combat vehicle theft.
(2) Except as provided in subdivision (c), a state or local law
enforcement agency may only use license plate recognition (LPR)
technology when its use complies with all statutory and
constitutional requirements and the requirements of
subdivision (b).
(b) A state or local law enforcement agency that uses LPR
technology shall comply with all of the following:
(1) It shall retain license plate data captured by LPR technology
for not more than 60 days, except in circumstances when the data is
being used as evidence or for all felonies being investigated,
including, but not limited to, auto theft, homicides, kidnaping,
burglaries, elder and juvenile abductions, Amber Alerts, and Blue
Alerts.
(2) It shall not sell LPR data for any purpose and it shall not
make the data available to an agency or person that is not a law
enforcement agency or an individual who is not a law enforcement
officer. The data may be used by a law enforcement agency only for
purposes of locating vehicles or persons when either are
is reasonably suspected of being involved in the
commission of a public offense.
(3) It shall monitor the internal use of LPR data to prevent its
unauthorized use.
(4) It shall adopt a privacy policy to ensure that personally
identifiable information is not unlawfully disclosed.
(5) It shall conspicuously post the privacy policy on the agency's
Internet Web site.
(6) It shall report annually its LPR practices and usage,
including the number of LPR data disclosures, a record of the
agencies to which data was disclosed and for what purpose, and any
changes in policy that affect privacy concerns to the state or local
agency that governs the law enforcement agency.
(c) This section applies to all state and local law enforcement
agencies, other than the Department of the California Highway Patrol,
which is subject to Section 2413.
SEC. 2. Section 2413.7 is added to the Vehicle Code, to read:
2413.7. (a) A person, other than a state and local law
enforcement agency, shall comply with all statutory and
constitutional requirements and subdivision (b) when using
license plate recognition (LPR) technology. As used in this section,
a "person" has the same meaning as defined in Section 470.
(b) A person who uses LPR technology shall comply with all of the
following:
(1) The person shall retain license plate data captured by LPR
technology for not more than 60 days.
(2) The person shall not sell LPR data for any purpose and shall
not make the data available to an agency or person that is not a law
enforcement agency or an individual who is not a law enforcement
officer.
(3) The Except as provided in subparagraph
(4), the person shall make data available to a law enforcement
agency only pursuant to a search warrant. Absent a provision in the
search warrant to the contrary, the law enforcement agency shall
immediately, but in any event within not less
no more than five days, notify the person whose information
has been disclosed that his or her records have been obtained and
shall provide that person with a copy of the search warrant and the
identity of the law enforcement agency or law enforcement officer to
whom the records were provided.
(4) The person shall allow a peace officer, as defined in Section
830.1 or 830.2 of the Penal Code, when conducting a criminal or
traffic collision investigation, to obtain personally identifiable
information of a person if the officer has good cause to believe that
a delay in obtaining this information by seeking a search warrant
would cause an adverse result as defined in paragraph (2) of
subdivision (a) of Section 1524.2 of the Penal Code.
(5) The person shall monitor the internal use of LPR data to
prevent its unauthorized use.
(6) The person shall adopt a privacy policy to ensure that
personally identifiable information is not unlawfully disclosed.
(7) The person shall conspicuously post the privacy policy on its
Internet Web site.
(8) The person shall report annually its LPR practices and usage,
including the number of LPR data disclosures, a record of the law
enforcement agencies or peace officers to which data was disclosed
and for what purpose, and any changes in policy that affect privacy
concerns to the Department of Justice.
(c) A person whose information is sold or disclosed in violation
of this section may bring a civil action and shall be entitled to
recover any and all consequential and incidental damages, including
all costs and attorney's fees.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.