Virginia SB 539: License plate readers; requirements for use by law-enforcement agencies, penalties.

Bill Text

2024SESSION
SENATESUBSTITUTE
24107426D
1 SENATEBILLNO.539
2 AMENDMENTINTHENATUREOFASUBSTITUTE
3 (ProposedbytheSenateCommitteeonTransportation
4 onFebruary8,2024)
5 (PatronPriortoSubstitute––SenatorBagby)
6 A BILL to amend and reenact § 33.2-210 of the Code of Virginia and to amend the Code of Virginia by
7 adding in Title 2.2 a chapter numbered 55.6, consisting of a section numbered 2.2-5517, relating to
8 license plate reader systems; civil penalty.
9 Be it enacted by the General Assembly of Virginia:
10 1. That § 33.2-210 of the Code of Virginia is amended and reenacted and that the Code of Virginia
11 is amended by adding in Title 2.2 a chapter numbered 55.6, consisting of a section numbered
12 2.2-5517, as follows:
13 CHAPTER55.6.
14 USEOFLICENSEPLATEREADERSYSTEMS.
15 §2.2-5517. Use of license plate reader systems; civil penalty.
16 A. For the purposes of this section:
17 "License plate reader system" means a system of automated high-speed cameras used in combination
18 with computer algorithms to convert images of vehicles and license plates into computer-readable data
19 that can be queried by an individually authenticated user using auditable queries and that shall not be
20 used for bulk downloads or bulk queries. "License plate reader system" does not refer to electronic
21 devices used solely (i) for the purposes of enforcement of parking, speed limits, traffic laws, tolling
22 requirements, high-occupancy vehicle requirements, or on-road emissions monitoring; (ii) by the
23 Virginia Port Authority for terminal operations; or (iii) by the Department of Motor Vehicles at
24 permanent weighing stations and in mobile weighing operations to identify commercial motor vehicles
25 with unpaid liquidated damages for weight violations pursuant to § 46.2-1131 or commercial motor
26 vehicles with out-of-service orders or in need of a safety inspection.
27 "License plate reader system data" means data collected by a license plate reader system.
28 B. Operation of and access to a license plate reader system by any law-enforcement agency shall be
29 for official law-enforcement purposes only and shall only be used to scan, detect, and record data about
30 vehicles and license plate numbers for the purpose of identifying a vehicle that is (i) associated with a
31 wanted, missing, or endangered person or human trafficking; (ii) stolen; (iii) involved in an active
32 law-enforcement investigation; or (iv) in the vicinity of a recent crime and may be connected to that
33 crime.
34 C. All state and local law-enforcement agencies are prohibited from using license plate reader
35 systems or license plate reader system data for the purpose of interfering with individuals engaged in
36 lawful activities or tracking individuals on the basis of the content of lawfully protected speech.
37 D. Pursuant to § 2.2-1112, the Division of Purchases and Supply (the Division) shall determine the
38 appropriate license plate reader system technology for use in accordance with this section. The Division
39 shall not approve any license plate reader system technology unless the Division has certified that such
40 system will not share any law-enforcement data gathered in the Commonwealth with any third party
41 other than as authorized in subsection I. The Division shall require approved vendors to annually
42 confirm continued compliance with this section. Law-enforcement agencies may enter into agreements
43 with private vendors for the installation and maintenance of license plate reader systems approved by
44 the Division, including all support services, such as operations and administration for compensation.
45 E. The Department of State Police (the Department) shall create a model policy regarding the use of
46 license plate reader systems, which shall be known as the State Police Model License Plate Reader
47 Systems Technology Policy, and shall, as a part of such model policy, administer protocols for handling
48 requests for assistance in the use of license plate reader systems technology made to the Department by
49 local law-enforcement agencies. The Department shall publicly post such policy no later than July 1,
50 2024, and such policy shall be updated annually thereafter and shall include:
51 1. Requirements for training, including the nature and frequency of specialized training required for
52 an individual to be authorized by a law-enforcement agency to utilize license plate reader systems as
53 authorized by this section;
54 2. The extent to which a law-enforcement agency shall document instances when license plate reader
55 systems are used and how long such information is retained;
56 3. Procedures for the confirmation of any match generated by license plate reader systems as
57 provided in subsection G; and
58 4. Promulgation of standing orders, policies, or public materials by law-enforcement agencies that
59 use license plate reader systems.
SENATE
SUBSTITUTE
SB539S1
7/17/24
15:14

SB539S1 2of3
60 F. Any local