Bill Text: NY S02347 | 2019-2020 | 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) 2019-01-24 - REFERRED TO TRANSPORTATION [S02347 Detail]

Download: New_York-2019-S02347-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 24, 2019
        Introduced  by Sen. KAVANAGH -- 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-f to read as follows:
     3    §  1111-f.  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
    25  unless authorized by a court ordered subpoena or search  warrant  issued
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2347                             2
     1  in  response  to  a request by law enforcement officials pertaining to a
     2  specific accident or specific incident of alleged criminal  conduct;  or
     3  except as otherwise required by law;
     4    3.  destruction of images obtained by the traffic-control signal photo
     5  violation-monitoring devices no later than thirty  days  from  the  date
     6  such  images  were  recorded;  or  immediately  upon adjudication of the
     7  liability and payment of fines, as provided in  section  eleven  hundred
     8  eleven-b  of this article, if either event occurs later than thirty days
     9  from the date such images are recorded;
    10    4.  the  deletion  of  identifying  information,  including  vehicles'
    11  license plate information, from records maintained for research purposes
    12  or for reporting purposes as detailed in section eleven hundred eleven-b
    13  of this article; and
    14    5.  oversight  procedures to ensure compliance with the aforementioned
    15  privacy-protection measures.
    16    § 2. This act shall take effect immediately.