A BILL TO BE ENTITLED
AN ACT to regulate the use of automatic license plate reader systems by state governmental entities.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 20 of the General Statutes is amended by adding a new Article to read:
"Article 3D.
"Automatic License Plate Reader Systems.
"§ 20‑183.22.  Definitions.
The following definitions apply in this Article:
(1)	Automatic license plate reader system. – A system of one or more mobile or fixed automated high‑speed cameras used in combination with computer algorithms to convert images of license plates into computer‑readable data. This term shall not include a traffic control photographic system, as that term is defined in G.S. 160A‑300.1(a).
(2)	Captured plate data. – The global positioning system (GPS) coordinates, date and time, photograph, license plate number, and any other data captured by or derived from any automatic license plate reader system.
(3)	Governmental entity. – Any State department, institution, agency, or any political subdivision of the State or any person that is an employee or agent of a State department, institution, agency, or political subdivision of the State.
(4)	Investigative or law enforcement officer. – Any officer of the State, or any political subdivision thereof, who is empowered by the laws of this State to conduct investigations or to make arrests and any attorney authorized by the laws of this State to prosecute or participate in the prosecution of those persons arrested, including the Attorney General of North Carolina.
(5)	Secured area. – An area enclosed by clear boundaries to which access is limited and not open to the public and entry is only obtainable through specific access‑control points.
"§ 20‑183.23.  Restrictions on use.
(a)	Except as provided for in subsection (b) of this section, it shall be unlawful for a governmental entity to use an automatic license plate reader system.
(b)	An automatic license plate reader system may be used for each of the following:
(1)	A municipal, county, or State law enforcement agency for the comparison of captured plate data with data held by the Division, the State Criminal Justice Information Network, the National Crime Information Center, the FBI's Kidnappings and Missing Persons list, and the North Carolina Center for Missing Persons for the purpose of identifying any of the following:
a.	Outstanding parking or traffic violations.
b.	A violation of vehicle registration requirements.
c.	A violation of the inspection requirements in Article 3A of Chapter 20 of the General Statutes.
d.	A stolen vehicle or stolen license plate.
e.	A vehicle registered to an individual for whom there is an outstanding warrant for arrest or order of arrest for a felony violation in this State or another jurisdiction.
f.	A vehicle associated with a missing person.
(2)	For the purpose of enforcing parking laws and ordinances.
(3)	For the purpose of controlling access to secured areas.
(4)	For the purpose of electronic toll collection.
"§ 20‑183.24.  Preservation and disclosure of records.
(a)	Captured plate data obtained pursuant to G.S. 20‑183.23(b) shall not be used or shared for any other purpose and, except pursuant to any of the following, shall not be preserved for more than 60 days after the date the data is captured:
(1)	A preservation request under subsection (b) of this section.
(2)	A disclosure order under subsection (c) of this section.
(3)	A search warrant issued pursuant to Article 11 of Chapter 15A of the General Statutes.
(4)	A federal search warrant issued in compliance with the Federal Rules of Criminal Procedure.
(b)	Upon the request of an investigative or law enforcement officer, a private person or governmental entity using an automatic license plate reader system shall take all necessary steps to immediately preserve captured plate data in its possession pending the issuance of a disclosure order pursuant to subsection (c) of this section. A requesting officer must specify in a written, sworn statement (i) the particular camera or cameras for which captured plate data must be preserved or the particular license plate for which captured plate data must be preserved, (ii) the date or dates and time frames for which captured plate data must be preserved, and (iii) that the requesting officer is applying for a court order compelling disclosure under subsection (c) of this section.
(c)	An investigative or law enforcement officer may apply to a court of competent jurisdiction for a court order compelling disclosure of captured plate data. A court shall issue the order if the requesting officer offers specific and articulable facts showing that there are reasonable grounds to believe that the captured plate data is relevant and material to an ongoing criminal or missing persons investigation. If an application for a disclosure order under this subsection is denied, or if the investigative or law enforcement officer who made the initial preservation request under subsection (b) of this section fails to apply to a court of competent jurisdiction for a disclosure order under this subsection within 60 days of the date of the initial preservation request, the private person or governmental entity using the automatic license plate reader system shall destroy the captured plate data according to the private person's or governmental entity's own record or data retention policy, unless the private person or governmental entity receives within that period another preservation request under subsection (b) of this section, in which case the retention period established under this subsection shall reset.
(d)	A governmental entity may obtain, receive, or use privately held captured plate data for the purposes described in G.S. 20‑183.23(b) only pursuant to the orders and warrants listed in subdivision (2), (3), or (4) of subsection (a) of this section, and only if the private automatic license plate reader system retains captured plate data for 60 days or fewer. Nothing in this subsection shall be construed as exempting captured plate data obtained, received, or used under this subsection from the limitations and restrictions set forth in subsection (f) of this section.
(e)	A governmental entity that uses an automatic license plate reader system pursuant to G.S. 20‑183.23(b) shall update the system from the databases specified therein every 24 hours if such updates are available or as soon as practicable after such updates become available.
(f)	Captured plate data obtained for the purposes described in G.S. 20‑183.23(b) is confidential and not a public record as that term is defined in G.S. 132‑1. Except as otherwise provided in this Article, captured plate data obtained for the purposes described in G.S. 20‑183.23(b) may only be disclosed to or with the prior written consent of the person to whom the vehicle is registered and shall not be sold, traded, or exchanged for any purpose. Nothing in this subsection shall be construed as requiring the disclosure of captured plate data if an investigative or law enforcement officer determines that disclosure will compromise an ongoing investigation.
"§ 20‑183.25.  Reporting requirement.
(a)	A governmental entity that uses an automatic license plate reader system pursuant to G.S. 20‑183.23(b) shall do the following:
(1)	Adopt a policy governing use of the automatic license plate reader system and conspicuously post the policy on the governmental entity's Web site.
(2)	Adopt a privacy policy to ensure that captured plate data is not shared in violation of this Article or any other applicable law and conspicuously post the privacy policy on the governmental entity's Web site.
(3)	Beginning July 1, 2015, and continuing every year thereafter, report to the Attorney General on its automatic license plate reader practices and usage and conspicuously post the report on the governmental entity's Web site. The report shall include each of the following:
a.	The number of license plates scanned.
b.	The (i) names of the databases containing the data against which the captured plate data was compared, (ii) the number of confirmed matches, and (iii) the number of confirmed matches resulting in criminal charges.
c.	The number of preservation requests under G.S. 20‑183.24(a).
d.	The number of disclosure orders under G.S. 20‑183.24(b), including the number of applications for disclosure orders that were denied.
e.	Any changes in policy that affect privacy concerns.
(b)	Beginning October 1, 2015, and continuing every year thereafter, the Attorney General shall compile the information received pursuant to subdivision (3) of subsection (a) of this section and submit a report in writing to the General Assembly.
"§ 20‑183.26.  Penalties; suppression.
(a)	An aggrieved party may bring a civil action against any person who violates the provisions of G.S. 20‑183.23 or G.S. 20‑183.24. In any civil action alleging a violation of G.S. 20‑183.23 or G.S. 20‑183.24, the court may award the following to a prevailing plaintiff:
(1)	The greater of (i) actual damages or (ii) liquidated damages in the amount of one thousand dollars ($1,000).
(2)	Reasonable attorneys' fees and other costs of litigation.
(3)	Injunctive relief against any person who commits or proposes to commit a violation of this Article.
(b)	Any person who willfully and knowingly violates G.S. 20‑183.23 is guilty of a Class 1 misdemeanor.
(c)	Any data or information captured in violation of G.S. 20‑183.23 or G.S. 20‑183.24 shall not be admissible as evidence in any criminal, civil, or administrative proceeding."
SECTION 2.  G.S. 136‑18 is amended by adding a new subdivision to read:
"(46)	To enter into agreements with municipalities, counties, and other governmental entities for the use of and encroachment upon the right‑of‑way of any road designated as part of the State highway system for the purpose of operating an automatic license plate reader system in accordance with Article 3D of Chapter 20 of the General Statutes."
SECTION 3.  This act becomes effective December 1, 2015, and applies to offenses committed on or after that date.