A5637

An Act regulating use of automated license plate readers, supplementing Title 52 of the Revised Statutes, and amending P.L.2026, c.4.

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

1. (New section) a. As used in this section:

“ALPR BOLO alert” means a notification generated by an automated license plate reader after matching a scan or photograph of a motor vehicle or license plate, or partial license plate, of a motor vehicle to information included on an ALPR BOLO list.

“ALPR BOLO list” means a compilation of one or more license plates, partial license plates, or motor vehicle characteristics that is programmed into an automated license plate reader pursuant to an official and legitimate law enforcement purpose so the system can issue a “be on the lookout” (BOLO) alert upon recognition of a license plate, partial license plate, or motor vehicle characteristic from the list.

“ALPR data” means: 1) the raw data, including the scan of a license plate or photograph, captured by an automated license plate reader that has not been processed, analyzed, interpreted, or summarized in any manner; and 2) the derived data generated by an automated license plate reader, including any new information derived through the application of artificial intelligence analytics to the raw data.

“Artificial intelligence analytics” means the process by which artificial intelligence processes and analyzes data. The term includes, but is not limited to, machine learning, natural language processing, and data mining techniques to interpret data and make predictions or recommendations.

“Automated license plate reader (ALPR)” means an electronic device that photographs or scans a motor vehicle or the license plate of a motor vehicle; compares the photograph or scan with information contained in a database, including a database maintained by a law enforcement agency; and generates new information using artificial intelligence. This term shall include both an electronic device installed at a stationary location in the State and a mobile device affixed to a police vehicle or vehicle operated by another government entity that can operate while the vehicle is in motion. The term shall not include an automated license plate reader owned or operated by the federal government.

“Judicial warrant” means a warrant based on probable cause and issued by a federal Article III judge or magistrate judge, or the State equivalent.

“Law enforcement agency” means a department, division, bureau, commission, board, or other authority of the State or a political subdivision of the State that employs law enforcement officers.

“Law enforcement officer” means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders.

b. A law enforcement officer shall obtain a judicial warrant before using or accessing ALPR data, other than an ALPR BOLO alert, when investigating an individual or a motor vehicle that has been identified in at least two locations by an automated license plate reader.

c. A law enforcement officer shall automatically and permanently delete stored ALPR data no later than 90 days after the date of collection.

d. The Attorney General, in consultation with the Division of State Police, shall designate a State ALPR Coordinator to oversee the operation of automated license plate readers and management of ALPR data in the State.

e. (1) A law enforcement agency may only disclose ALPR data to a law enforcement agency from another state or the federal government pursuant to a valid judicial order, judicial warrant, or as required by federal law. A law enforcement agency shall immediately notify the State ALPR Coordinator when a law enforcement agency from another state or the federal government requests ALPR data.

(2) Except where the provision of notice would compromise a criminal investigation, the State ALPR Coordinator shall provide notice of the disclosure to the person to whom the ALPR data pertains within 15 days of the disclosure. The notice shall set forth the:

(a) specific record or information subject to disclosure;

(b) party to which the record or information was disclosed; and

(3) If the provision of notice would compromise a criminal investigation, the State ALPR Coordinator shall provide notice, which shall comply with subparagraphs (a) through (c) of paragraph (2) of this subsection, of the disclosure to the person to whom the ALPR data pertains within 15 days of the conclusion of the investigation.

f. Nothing in this section shall be construed to prohibit a law enforcement officer from:

(1) sharing ALPR data as required to comply with discovery pursuant to Rules of Court or substantially similar rules under the laws of another state or the United States;

(2) retaining ALPR data beyond the 90-day period established in subsection c. of this section if connected to an ongoing judicial process or as required to comply with discovery pursuant to Rules of Court; or

(3) complying with federal law, a judicial order, or a judicial warrant.

g. The Attorney General may issue guidelines or directives as necessary to implement this act. This act shall not be construed to invalidate any guidelines or directives issued by the Attorney General governing automated license plate readers or ALPR data before the effective date of this act, provided the guidelines or directives do not conflict with this act.

2. Section 5 of P.L.2026, c.4 (C.52:4CC-5) is amended to read as follows:

5. a. Any record or information, whether written or oral, relating to a person’s immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number that is solicited, made, or kept to assess eligibility for, or to provide or administer a public service, benefit, program, or professional qualification or license that is requested, used, or delivered, shall not be considered a governmental record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act, and shall not be disclosed, except:

(1) as required pursuant to federal or State law to assess eligibility for, or to provide or administer, services, benefits, programs, or professional qualifications or licenses;

(2) as required by valid judicial order, judicial warrant, or as required by federal law;

(3) by an election agency when the disclosure of a candidate’s citizenship status is a requirement for elected office; or

(4) pursuant to the provisions of subsection c. of this section.

b. (1) A government entity shall not sell, share, or transfer automated license plate recognition information concerning the operation of a person’s motor vehicle, except:

(a) to another government entity when permitted by law;

(b) pursuant to a valid judicial order or judicial warrant;

(d) to a law enforcement agency of another jurisdiction for the purpose of a criminal investigation, provided that the receiving law enforcement agency certifies, electronically or in writing, to the government entity sharing the information that:

(i) the information shall not be used for any purpose related to civil immigration enforcement;

(ii) the information shall not be shared, sold, transferred, or made searchable by the receiving law enforcement agency; and

(iii) the receiving agency is bound by the same restrictions, use limitations, and data security requirements applicable to the government entity under New Jersey law and in accordance with any regulations and protocols established by the New Jersey State Police and directives or guidance issued by the Attorney General of New Jersey.

(2) (a) Any agreement executed pursuant to subparagraph (d) of paragraph (1) of subsection b. of this section shall be considered a governmental record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act.

(b) If it is found that a law enforcement agency of another jurisdiction has used or shared automated license plate recognition information in violation of P.L.2026, c.4 (C.52:4CC-1 et al.) or any agreement executed pursuant to subparagraph (d) of paragraph (1) of subsection b. of this section, the Attorney General may, by order, prohibit the sharing of automated license plate recognition information with that law enforcement agency or deny access to the government entity.

(3) For purposes of this subsection, a government entity’s use of a third-party automated license plate recognition system vendor or service shall not be considered the sale, sharing, or transfer of automated license plate recognition information, provided that the vendor or service does not sell, share, transfer, or make searchable to other entities or persons automated license plate recognition information unless the vendor or service meets the requirements of paragraph (1) of this subsection and receives authorization from the government entity.

c. This section shall not prohibit the disclosure of any record or information when the person to whom the record or information pertains has knowingly provided written consent for the disclosure. A government entity may develop and make publicly available a standardized written consent form that shall constitute a vital document pursuant to section 2 of P.L.2023, c.263 (C.52:14-41). Written consent shall include:

(1) the exact record or information to be shared;

(2) the purpose for sharing the record or information;

(3) a statement clarifying that consent is voluntary and declining to provide consent shall not result in discrimination or retaliation by the government entity;

(4) a statement clarifying that consent may be revoked, but that revocation does not impact a record or information already shared under prior written consent provided pursuant to this section; and

(5) the person or agency to receive the record or information.

d. Except where the provision of notice would compromise a criminal investigation, a government entity that is required, pursuant to a valid judicial order, judicial warrant, or as required by federal law, to disclose any record or information described in section 4 of P.L.2026, c.4 (C.52:4CC-4) [or any automated license plate reader information] shall provide notice of the disclosure to the person to whom the record or information pertains within 90 days of the disclosure. The notice shall set forth the:

(1) specific record or information subject to disclosure;

(2) party to which the record or information was disclosed; and

(3) basis for disclosing the information.

e. All government entities shall review any applicable confidentiality policies, guidelines, and regulations and identify those changes necessary to ensure compliance with the provisions of this section and section 4 of P.L.2026, c.4 (C.52:4CC-4) by any entity under its authority. Any necessary changes to those policies, guidelines, or regulations shall be made as expeditiously as possible, consistent with the entity’s procedures, but no later than one calendar year following the effective date of P.L.2026, c.4 (C.52:4CC-1 et al.), and shall be published prominently on the entity’s Internet website.

f. Nothing in this section shall be construed to prohibit or in any way restrict any action where the prohibition, restriction, or enforcement would be contrary to federal law, including 8 U.S.C. s.1373 and 8 U.S.C. s.1644, a judicial order, or a judicial warrant.

g. A government entity that knowingly obtains, discloses, or uses any information or record described in section 4 of P.L.2026, c.4 (C.52:4CC-4) or any automated license plate recognition information for a purpose not permitted pursuant to this section or section 4 of P.L.2026, c.4 (C.52:4CC-4) shall be subject to injunctive relief and civilly liable for damages to the person to whom the information pertains, or the person’s personal representative or guardian, who may bring an action in the Superior Court.

(cf: P.L.2026, c.4, s.5)

3. This act shall take effect immediately.

STATEMENT

This bill regulates the use of automated license plate readers and ALPR data by law enforcement officers in the State.

Under the bill, “automated license plate reader” means an electronic device that photographs or scans a motor vehicle or the license plate of a motor vehicle, compares the photograph or scan with information contained in a database, and generates new information using artificial intelligence. “ALPR data” means: 1) the raw data, including the scan of a license plate or photograph, captured by an automated license plate reader that has not been processed, analyzed, interpreted, or summarized in any manner; and 2) the derived data generated by an automated license plate reader, including any new information derived through the application of artificial intelligence analytics to the raw data.

Under the bill, a law enforcement officer is required to obtain a judicial warrant before using or accessing ALPR data when investigating an individual or a motor vehicle that has been identified in at least two locations by automated license plate readers. The bill exempts ALPR BOLO alerts, which are notifications generated when an automated license plate reader matches a scan or photograph of a motor vehicle or license plate to information on an ALPR BOLO list, from the judicial warrant requirement.

The bill also requires the automatic and permanent deletion of stored ALPR data within 90 days of the date of collection. Under the bill, the Attorney General is required to designate a State ALPR Coordinator to oversee the operation of the State’s automated license plate reader program. A law enforcement agency is only permitted to share ALPR data with the federal government or a law enforcement agency from another state pursuant to a valid judicial order or judicial warrant or as required by federal law. The agency is required to notify the State ALPR Coordinator before sharing the data. The coordinator is required to provide notice of the disclosure to the person to whom the ALPR data pertains within 15 days of the disclosure or, if providing notice would compromise a criminal investigation, within 15 days of the conclusion of the investigation.