Bill Text: VA SB452 | 2014 | Regular Session | Prefiled
Bill Title: License plate reader database; Department of State Police to maintain database.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-13 - Stricken at the request of Patron in Courts of Justice (13-Y 0-N) [SB452 Detail]
Download: Virginia-2014-SB452-Prefiled.html
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14103092D Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding in Chapter 11 of Title 52 a section numbered 52-50 as follows: §52-50. License plate reader database; maintenance; access. A. For purposes of this section: "Department" means the Department of State Police. "LPR" means license plate reader. "LPR data" includes any data collected by an LPR system, including but not limited to the characters appearing on the plate; the time, date, and location of the read; and an image of the license plate observed by the LPR. B. The Department shall keep and maintain an LPR database under the control of the Virginia Fusion Intelligence Center, separate and apart from all other records and systems maintained by the Department. The Department may accept LPR data, in a format designated by the Department, from any federal, state, or local governmental agency. C. The Department or other law-enforcement agency of the Commonwealth or any federal agency conducting a criminal investigation may access data, records, and reports regarding LPR data. In addition, such information may be accessed if relevant to criminal proceedings in any court or any grand jury impaneled in accordance with the provisions of Chapter 13 (§19.2-191 et seq.) of Title 19.2. D. All LPR data, records, and reports and any abstracts of such LPR data that are in the possession of the Department or other law-enforcement agency pursuant to this section shall be confidential and shall not be disseminated except as specifically provided in this section. Unauthorized access to or dissemination of LPR data by any person shall be punishable as a Class 4 misdemeanor. E. Every 18 months, the Department shall conduct a review of information contained in the LPR database maintained by the Virginia Fusion Intelligence Center. Data that has been determined to have no nexus to terrorist activity shall be removed from such database. A reasonable suspicion standard shall be applied when determining whether or not information has a nexus to terrorist activity. F. The provisions of Chapter 20.1 (§2.2-2005 et seq.) of Title 2.2 shall not apply to the LPR systems, servers, or database. G. The Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§2.2-4000 et seq.), for the implementation of this section. Regulations adopted under this section shall be deemed a customary police function for purposes of subdivision B 6 of § 2.2-4002. |
