Bill Text: MI HB5863 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Law enforcement; other; license plate scanners; authorize use under certain circumstances. Amends 1949 PA 300 (MCL 257.1 - 257.923) by adding sec. 822.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-10-01 - Printed Bill Filed 10/01/2014 [HB5863 Detail]
Download: Michigan-2013-HB5863-Introduced.html
HOUSE BILL No. 5863
September 30, 2014, Introduced by Rep. McMillin and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by adding section 822.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 822. (1) As used in this section, "registration plate
reading device" means a device that uses automated high-speed
camera and optical character recognition technology to passively
read motor vehicle registration plate information, that immediately
compares that information against other information contained
within or accessible to the device, that sends an audible or visual
alert when data are determined by the device to be relevant, and
that stores registration plate information that has been read for a
prescribed period of time.
(2) The use of registration plate reading devices is
restricted to local, county, and state law enforcement officers who
may only use the devices subject to the following conditions and
limitations:
(a) A registration plate reading device shall be installed for
the sole purpose of recording and checking motor vehicle
registration plate information and shall not be capable of
photographing or recording or producing images of the occupants of
a motor vehicle.
(b) The authority to obtain and issue registration plate
reading devices and to administer a documented training process for
the operation of those devices in compliance with federal and state
laws and regulations and other appropriate legal mandates shall be
vested in the head of the law enforcement agency or his or her
designee. Only devices authorized by the head of the law
enforcement agency or his or her designee shall be approved for use
by the officers of that agency. All registration plate reading
devices shall be maintained in accordance with the manufacturer's
recommendations and with the requirements of this section.
(c) Before using a registration plate reading device, the law
enforcement agency intending to use the device shall register it
with the department of state police on forms approved by the
department of state police for that purpose and must certify on
those forms that the device meets all the requirements of this
section, that the agency has a policy in effect governing the use
of that device, and that the agency has a documented training
process for all of the officers who will use that device.
(d) A law enforcement agency shall ensure that data is entered
into each registration plate reading device used by that law
enforcement agency on a daily basis to ensure that all information
in the device is kept current. Officers who become aware during
their shifts that new bulletins are issued or existing bulletins
are canceled shall manually enter that information into the
registration plate reading device if necessary to keep the
information current. Partial registration plate information
reported as a result of serious crimes may be entered into a
registration plate reading device to assist in identifying a
vehicle that is suspected to have been used in connection with the
crime.
(e) A registration plate reading device and all information
obtained through a registration plate reading device shall be used
only for official law enforcement purposes. A registration plate
reading device shall only be used to scan, detect, and identify
registration plate information that appears on a list or a
broadcast relating to 1 or more of the following:
(i) A stolen vehicle.
(ii) A vehicle believed to be operated or occupied by a wanted,
missing, or endangered person.
(iii) An individual who has failed to appear in court as
required by the court.
(iv) An individual who has a criminal warrant pending or in
effect.
(v) An individual whose driver license, driving privilege, or
vehicle registration is suspended or revoked.
(vi) An individual who is suspected of committing a criminal or
terrorist act, who is transporting a stolen item or contraband, or
who has committed a motor vehicle violation.
(vii) Commercial vehicle operation and enforcement.
(viii) Investigative surveillance in a specific criminal case.
(ix) Canvassing registration plate information that is relevant
to a homicide, shooting, or other major crime or incident.
(x) Determining any default of a fine imposed for violating a
parking ordinance.
(f) A positive match by a registration plate reading device
constitutes reasonable grounds for a law enforcement officer to
stop the vehicle and temporarily detain the vehicle and its
occupants to confirm or dispel the information provided through the
registration plate reading device.
(g) Before stopping a vehicle based on a registration plate
reading device alert, the officer shall attempt to visually verify
that the registration information on the list matches the digital
image displayed on the registration plate reading device. If it
matches, the officer may initiate a query of the national crime
information center (NCIC) database.
(h) All records of registration plate information read by each
registration plate reading device shall be purged from the system
within 2 hours after the end of the shift unless the record is for
an alert that resulted in an arrest, a citation, or protective
custody, or is for an alert that confirmed that a vehicle was the
subject of a missing person or wanted broadcast, in which case the
information regarding that registration plate may be retained until
the case is finally disposed of by the court.
(i) Access to registration plate information maintained under
this section shall only be allowed on a case-by-case basis and for
legitimate law enforcement investigative, prosecution, or audit
verification purposes only. All inquiries of registration plate
information maintained under this section shall be recorded for
purposes of an audit and shall be maintained by the law enforcement
agency in the same manner as criminal history logs. Information
maintained under this section is not subject to disclosure under
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) To ensure compliance with this section or to investigate
complaints of misuse of registration plate reading devices, the
attorney general or a designee of the attorney general, including
any county prosecuting attorney or law enforcement officer acting
at the request of the attorney general, may examine and audit any
registration plate reading device, a server used to store
information obtained through registration plate reading devices,
and any records pertaining to the use of registration plate reading
devices maintained by any state, county, or local law enforcement
agency. The attorney general may seek an injunction banning the use
of registration plate reading devices by any agency found to have
used a registration plate reading device in repeated violation of
this section and requiring the confiscation of all registration
plate reading devices owned or maintained by that agency if the
attorney general considers it necessary to prevent ongoing
violations or to deter future violations of this subsection by that
agency.
