Bill Text: NY S00211 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the operation of traffic-control signal photo violation-monitoring devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S00211 Detail]
Download: New_York-2013-S00211-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
211
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the opera-
tion of traffic-control signal photo violation-monitoring devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1111-d to read as follows:
3 S 1111-D. TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES;
4 PROHIBITIONS AND PROTECTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF
5 LAW, RULE OR REGULATION TO THE CONTRARY, A CITY OR COUNTY AUTHORIZED TO
6 INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
7 DEVICES PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF
8 THIS ARTICLE SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF
9 DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTIFYING INFORMA-
10 TION MAY BE CAPTURED BY SUCH DEVICES. SUCH PRIVACY-PROTECTION MEASURES
11 SHALL INCLUDE, BUT NOT BE LIMITED TO:
12 1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
13 PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH TRAFFIC-CONTROL SIGNAL
14 PHOTO VIOLATION-MONITORING DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI-
15 FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. HOWEVER,
16 NO NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED
17 ELEVEN-B OF THIS ARTICLE SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
18 OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
19 CLE, PROVIDED THAT SUCH CITY OR COUNTY HAS MADE A REASONABLE EFFORT TO
20 COMPLY WITH THE PROVISIONS OF THIS SECTION;
21 2. PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLE'S LICENSE PLATE
22 INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY TRAFFIC-CONTROL
23 SIGNAL PHOTO VIOLATION-MONITORING DEVICES EXCEPT AS REQUIRED TO ESTAB-
24 LISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00304-01-3
S. 211 2
1 UNLESS AUTHORIZED BY A COURT ORDERED SUBPOENA OR SEARCH WARRANT ISSUED
2 IN RESPONSE TO A REQUEST BY LAW ENFORCEMENT OFFICIALS PERTAINING TO A
3 SPECIFIC ACCIDENT OR SPECIFIC INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR
4 EXCEPT AS OTHERWISE REQUIRED BY LAW;
5 3. DESTRUCTION OF IMAGES OBTAINED BY THE TRAFFIC-CONTROL SIGNAL PHOTO
6 VIOLATION-MONITORING DEVICES NO LATER THAN THIRTY DAYS FROM THE DATE
7 SUCH IMAGES WERE RECORDED; OR IMMEDIATELY UPON ADJUDICATION OF THE
8 LIABILITY AND PAYMENT OF FINES, AS PROVIDED IN SECTION ELEVEN HUNDRED
9 ELEVEN-B OF THIS ARTICLE, IF EITHER EVENT OCCURS LATER THAN THIRTY DAYS
10 FROM THE DATE SUCH IMAGES ARE RECORDED;
11 4. THE DELETION OF IDENTIFYING INFORMATION, INCLUDING VEHICLES'
12 LICENSE PLATE INFORMATION, FROM RECORDS MAINTAINED FOR RESEARCH PURPOSES
13 OR FOR REPORTING PURPOSES AS DETAILED IN SECTION ELEVEN HUNDRED ELEVEN-B
14 OF THIS ARTICLE; AND
15 5. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
16 PRIVACY-PROTECTION MEASURES.
17 S 2. This act shall take effect immediately.
