Brad Wilson voted Yea (Passage) on this Legislation.
Title: Prohibits Certain Government Surveillance Systems
Signed by Governor Spencer Cox
Title: Prohibits Certain Government Surveillance Systems
Vote to pass a bill that prohibits certain types of surveillance and amend statutes regarding surveillance technology.
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).
Title: Prohibits Certain Government Surveillance Systems
Title: Prohibits Certain Government Surveillance Systems