S1290

An Act concerning the use of 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 an electronic device that photographs or scans the license plate of a motor vehicle and compares the collected data with information contained in any law enforcement database. The term includes both electronic devices 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.

“Automated license plate reader information” means any information gathered by an automated license plate reader or created from the analysis of information obtained by an automated license plate reader.

“Law enforcement agency” means any State, municipal, or county law enforcement agency; a law enforcement agency of an educational institution that appoints law enforcement officers pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.); or any other department, division, bureau, commission, board, or other authority of this State or political subdivision thereof which employs law enforcement officers.

"Out-of-State law enforcement agency" means any law enforcement agency or officer operating under the authority of the laws of another State.

"Reproductive health care services" means all medical, surgical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or termination of a pregnancy.

“User of an automated license plate reader” means any person who operates, manages, or has access to information obtained by an automated license plate reader.

b. A user of an automated license plate reader shall not knowingly share, transfer, sell, or permit access to automated license plate reader information in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability on any person for the provision, receipt, or seeking of, or inquiring or responding to an inquiry about, reproductive health care services that are legal in this State.

c. A law enforcement agency shall not share license plate reader information with any out-of-State law enforcement agency without first obtaining a written declaration from the out-of-State law enforcement agency that automated license plate reader information shall not be used in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability on any person for the provision, receipt, or seeking of, or inquiring or responding to an inquiry about, reproductive health care services that are legal in this State.

d. A user of an automated license plate reader who violates the provisions of subsection b. of this section shall be liable to a civil penalty of not more than $1,000 for a first offense and not more than $5,000 for a second or subsequent offense which may be imposed by the Attorney General and shall be collected in a summary proceeding before a court of competent jurisdiction pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

2. This act shall take effect immediately.

STATEMENT

This bill prohibits the sharing of automated license plate reader information in furtherance of an interstate investigation concerning reproductive health care services that are legal in New Jersey.

Under the bill, a person who operates, manages, or has access to information obtained by an automated license plate reader is prohibited from knowingly sharing, transferring, selling, or permitting access to automated license plate reader information in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability on any person for the provision, receipt, or seeking of, or inquiring or responding to an inquiry about, reproductive health care services that are legal in this State.

In addition, the bill prohibits any law enforcement agency from sharing automated license plate reader information with any out-of-State law enforcement agency without first obtaining a written declaration from the out-of-State law enforcement agency that the information will not be used in furtherance of any interstate investigation or proceeding regarding reproductive health care services.

Under the bill, any person who operates, manages, or has access to information obtained by an automated license plate reader who knowingly shares license plate reader information in furtherance of an interstate investigation concerning reproductive health care services that are legal in this State is liable to a civil penalty of not more than $1,000 for a first offense and not more than $5,000 for a second or subsequent offense.

The bill defines “reproductive health care services” as all medical, surgical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or termination of a pregnancy.