Bill Text: CA SB1330 | 2011-2012 | Regular Session | Amended

California Senate Bill 1330 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: License plate recognition technology: use of personal

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-07 - Ordered to inactive file on request of Senator Simitian. [SB1330 Detail]

Download: California-2011-SB1330-Amended.html
BILL NUMBER: SB 1330	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2012
	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.   An act to add Title
1.81.23 (commencing with Section 1798.90.5) to Part 4 of Division 3
of the Ci   vil Code, relating to personal information.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 1330, as amended, Simitian.  Vehicles: license plate
recognition technology: personal information.   License
plate recognition technology: use of personal information. 

   (1) Existing 
    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 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,  compliance with all
applicable statutory and constitutional requirements, and 
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   a  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
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Title 1.81.23 (commencing with Section
1798.90.5) is added to Part 4 of Division 3 of the   Civil
Code   , to read:  

      TITLE 1.81.23.  CONFIDENTIALITY OF LICENSE PLATE INFORMATION


   1798.90.5.  (a) A person, other than a state and local law
enforcement agency, shall comply with all applicable 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 of the
Vehicle code.
   (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) Except as provided in paragraph (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
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.  
  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 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 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 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) 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
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.