A4547

An Act concerning automated license plate readers and supplementing Title 2A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this act, “automated license plate reader” means a system consisting of one or more cameras and related equipment that automatically and without direct human control locates, focuses on, and photographs license plates and vehicles that come into range of the device; that automatically converts digital photographic images of scanned license plates into electronic text documents; that is capable of comparing scanned license plate text data with data files for vehicles on a list programmed into the device’s electronic memory; and that notifies law enforcement, whether by an audible alert or by other means, when a scanned license plate matches the license plate on the programmed list. The term includes both devices that are placed at a stationary location and mobile devices affixed to a law enforcement vehicle that are capable of operating while the vehicle is in motion.

b. An employee of a law enforcement agency who uses or accesses automated license plate reader data without authorization shall be guilty of a disorderly persons offense.

2. The County Prosecutor or the Attorney General or his designee shall conduct an annual audit of every law enforcement agency’s use of automated license plate readers and automated license plate reader data to determine if they are being used only for official and legitimate law enforcement business.

3. a. Every law enforcement agency that utilizes automated license plate readers shall submit an annual report to the Attorney General, on forms prescribed by the Attorney General, which shall contain the following information:

(1) the number of automated license plate readers being operated by the law enforcement agency;

(2) the number of readings made by the law enforcement agency using an automated license plate reader;

(3) the number of readings by automated license plate readers being stored by the law enforcement agency;

(4) the number of requests made to the law enforcement agency for automated license plate reader data, including the number of requests that resulted in the release of information; the number of out-of-State requests; the number of out-of State requests that resulted in the release of information; the number of federal requests; and the number of federal requests that resulted in the release of information;

(5) any data breaches or unauthorized uses of the automated license plate reader data; and

(6) a listing of the audit that was completed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. Pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Attorney General shall issue an annual report to the Governor and the Legislature summarizing the information provided by law enforcement agencies pursuant to subsection a. of this section.

4. The stored data of an automated license plate reader shall not be destroyed by any law enforcement agency that utilizes an automated license plate reader. The stored data shall only be accessible to the law enforcement agency during the running of the statute of limitations of the offense being investigated.

5. This act shall take effect on the first day of seventh month after enactment.

STATEMENT

This bill imposes certain requirements on the use of automated license plate readers by law enforcement agencies.

Specifically, under the provisions of this bill, an employee of a law enforcement agency who uses or accesses automated license plate reader data without authorization is guilty of a disorderly persons offense. A disorderly persons offense is punishable by imprisonment of up to six months, a fine of up to $1,000, or both.

In addition, the County Prosecutor or the Attorney General or his or her designee is to conduct an annual audit of every law enforcement agency’s use of automated license plate readers and automated license plate reader data to determine if they are being used only for official and legitimate law enforcement business.

The bill also requires every law enforcement agency that utilizes an automated license plate reader to submit an annual report to the Attorney General, which is required to contain the following information: 1) the number of automated license plate readers being operated by the law enforcement agency; 2) the number of readings made by the law enforcement agency using automated license plate readers; 3) the number of readings being stored by the law enforcement agency; 4) the number of requests made to the law enforcement agency for automated license plate reader data, including the number of requests that resulted in the release of information; the number of out-of-State requests; the number of out-of-State requests that resulted in the release of information; the number of federal requests; and the number of federal requests that resulted in the release of information; 5) any data breaches or unauthorized uses of the automated license plate reader data; and 6) a listing of the audit of the law enforcement agency’s use of automated license plate readers and data. The Attorney General is to issue an annual report to the Governor and the Legislature summarizing the information provided by the law enforcement agencies.

Finally, the bill provides that automated license plate reader data is not to be destroyed by any law enforcement agency that utilizes an automated license plate reader. Further, the stored data is only to be accessible to the law enforcement agency during the running of the statute of limitations of the offense being investigated.