Signed by Governor Spencer Cox

Vote Smart's Synopsis:

Vote to pass a bill that prohibits certain types of surveillance and amend statutes regarding surveillance technology.

Highlights:

• Expands governmental entity to include a law enforcement agency (Sec. 1).

• Defines a nongovernmental agency to mean a person that is not a governmental entity

• Authorizes the use of automatic license plate reader systems by governmental agencies when used (Sec. 2):

• As part of an active criminal investigation;

• To apprehend an individual with an outstanding warrant;

• To locate a missing or endangered person;

• To locate a stolen vehicle.

• Authorizes the use of automatic license plate reader systems by an international airport for the purpose of promoting efficient traffic control, parking, and security (Sec. 2).

• Requires that when using an automatic license plate reader system, the law enforcement agency must (Sec. 3):

• Have a policy regarding its use and management of the system;

• Have a special use permit before installing any stationary device installed with the purpose of capturing license plate data;

• Post their policy and any permits on a publicly accessible city, county, or state website.

• Requires that a governmental entity destroys, as soon as possible, plate data obtained that is not necessary in order to achieve their authorized objectives (Sec. 3).

• Authorizes a governmental entity to enter into a memorandum of understanding with another governmental entity to share access to an automatic license plate reader system or captured plate data (Sec. 4).

• Requires law enforcement agencies to preserve a record of special use permits as well as the number of times a search of captured plate data is conducted and the crime type and incident number associated with each search (Sec. 4).

• Requires that the law enforcement agency preserves the record for at least 5 years (Sec. 4).

• Classifies a person who knowingly or intentionally used or obtained captured license plate data as guilty of a class B misdemeanor (Sec. 5).

Full Bill Text