Legislation

Local regulation (HOA license plate reader restrictions)

Prohibits homeowners associations from installing, maintaining, or operating automated license plate readers (ALPRs), and from permitting ALPRs on HOA property, unless the system is installed by a law enforcement agency and only law enforcement can access the data.

This law only bans homeowners associations from installing or operating their own ALPR systems. It does not affect law enforcement use of ALPRs.

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Privacy of license plate data.

Prohibits a law enforcement agency from retaining license plate data captured by an automated license plate reader for more than 30 days. Specifies exceptions to this retention limit in specified circumstances, including: (1) for captured plate data obtained under a warrant; and (2) for purposes related to ongoing investigations. Allows a law enforcement agency to share captured plate data with another law enforcement agency in certain circumstances. Allows a party to pending or potential litigation, or the party's attorney, to request the retention of captured plate data for more than 30 days. Allows the owner of a license plate to request the retention of the owner's captured plate data for more than 30 days. Provides that requests for the extended retention of captured plate data must: (1) be made in writing; (2) specify a period of retention; and (3) be submitted to the law enforcement agency retaining the desired captured plate data. Requires law enforcement agencies retaining captured plate data to: (1) maintain properly trained personnel; (2) establish protocols that allow for the timely processing of warrants, subpoenas, court orders, and written requests seeking an extended period of retention for captured plate data; (3) create and implement access protocols for retained captured plate data; (4) limit access to the retained captured plate data to personnel that have received proper training in the implemented access protocols; (5) publicly announce, in a public forum and on a semiannual basis, the law enforcement agency's: (A) use of automated license plate readers, if any; and (B) policies and procedures concerning retained captured plate data; (6) remove captured plate data not subject to an extended period of retention within 30 days; and (7) verify the accuracy of information contained in captured plate data before using the captured plate data to further a criminal investigation. Allows a law enforcement agency to adopt rules, ordinances, resolutions, guidelines, or policies, as appropriate, to implement these requirements.

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Automated license plate readers.

Prohibits a law enforcement agency from retaining license plate data captured by an automated license plate reader unless: (1) a comparison of the captured plate data with a data base shows that the data is relevant to an ongoing criminal investigation, the location of a missing person or a fugitive from justice, or the commission of a crime; (2) the person in whose name the license plate was issued requests retention of the data; or (3) the data was obtained under a warrant.

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Automated license plate readers.

Prohibits a law enforcement agency from retaining license plate data captured by an automated license plate reader unless: (1) a comparison of the plate data with a data base shows that the data is relevant to an ongoing criminal investigation, the location of a missing person or fugitive from justice, or the commission of a crime; (2) the person in whose name the license plate was issued requests retention of the data; or (3) the data was obtained under a warrant.

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