Bill Text: NJ A197 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires judicial approval prior to installation or use of automated license plate reader by law enforcement agency.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Judiciary Committee [A197 Detail]
Download: New_Jersey-2014-A197-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
Assemblywoman CAROLINE CASAGRANDE
District 11 (Monmouth)
SYNOPSIS
Requires judicial approval prior to installation or use of automated license plate reader by law enforcement agency.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
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. No law enforcement agency shall install or use an automated license plate reader unless that law enforcement agency files an application with a Superior Court judge and receives a court order authorizing the installation and use of the automated license plate reader.
b. Each application for a court order authorizing the installation and use of the automated license plate reader shall be made in writing upon oath or affirmation and shall include:
(1) a statement establishing the purpose for the installation and use of the automated license plate reader and the type of information that the law enforcement agency intends to obtain from it;
(2) the location where the automated license plate reader will be installed and used;
(3) a statement demonstrating the necessity of the installation and use of an automated license plate reader at that particular location; and
(4) a statement setting forth the period of time that the automated license plate reader will be used.
c. The court shall make a determination to issue or deny a court order within 30 days after the law enforcement agency submits an application to the court.
d. Any law enforcement agency aggrieved by the determination of the Superior Court, pursuant to subsection c. of this section, may appeal the determination.
e. Except as provided in subsection f. of this section, any law enforcement agency that uses an automated license plate reader may retain the automated license plate reader stored data for a period of 72 hours, after which the data shall be purged from the agency's data storage device or system.
f. In the event that there is a legitimate and specific law enforcement reason to retain a specific image contained in the automated license plate reader stored data, the law enforcement agency may retain that image as long as there is an ongoing or active investigation.
g. As used in this section, "automated license plate reader" means a system consisting of a camera or 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.
2. This act shall take effect immediately.
STATEMENT
This bill requires court approval prior to the installation or use of an automated license plate reader by a law enforcement agency.
Specifically, under this bill, a law enforcement agency would only be permitted to install or use an automated license plate reader after filing an application with the court and receiving a court order authorizing it.
The application must include: 1) a statement describing the purpose of the automated license plate reader and the type of information that the law enforcement agency intends to obtain from it; 2) the location where the automated license plate reader will be installed or used; 3) a statement demonstrating the necessity of the installation and use at that particular location; and 4) a statement setting forth the period of time that the automated license plate reader will be used.
The court must make a determination to issue or deny a court order authorizing the installation and use within 30 days from the date of application. Any law enforcement agency aggrieved by the court's decision may file an appeal.
In addition, under the provisions of this bill, any law enforcement agency that uses an automated license plate reader may retain the automated license plate reader stored data for up to 72 hours, after which the data must be purged from the agency's data storage device or system.
However, if there is a legitimate and specific law enforcement reason to retain a specific image contained in the stored data, the law enforcement agency may retain that image as long as there is an ongoing or active investigation.
The bill defines "automated license plate reader" as a system consisting of a camera or 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.
