Legislation Detail
SB 208/a AUTOMATIC LICENSE PLATE READER ACT
Actions: [2] SCC/SHPAC/SJC-SCC [6]germane-SHPAC [7] DP/a-SJC
Scheduled: Not Scheduled
Senate Bill 208 (SB 208): The "Automatic License Plate Reader Act" proposed for the State of New Mexico outlines regulations and guidelines for the use of automatic license plate reader (ALPR) systems by law enforcement agencies.Legislation Overview:
Senate Bill 208 (SB 208) Section 1: Short Title • The act is titled the "Automatic License Plate Reader Act." Section 2: Defines terms used in the act, including "alert," "automatic license plate reader system," "license plate data," and "law enforcement agency." Section 3: Permitted Use of ALPRs and License Plate Data - Specifies the purposes for which law enforcement agencies may use ALPRs and license plate data. • This includes comparing data with various databases for law enforcement investigatory purposes. Section 4: Retention of ALPR Data - Outlines the rules for retaining and deleting license plate data: • Data shall be retained for one year if there is an alert related to a criminal or missing persons investigation. • Data shall be deleted after seven days if there is no alert, except in specific circumstances (ongoing investigations, requests from law enforcement or legal entities, or a probable cause warrant). • Emphasizes the need for law enforcement agencies to protect the security of the collected data. • Prohibits sharing data with third parties, selling or making data available to non-law enforcement entities, sharing data by third-party vendors, and collecting data not defined as license plate data. • Requires law enforcement agencies to promulgate rules on data retention and deletion. • Mandates annual reporting to the legislature on ALPR practices and usage, including various statistics and any policy changes affecting privacy concerns. Non-Discrimination and Confidentiality: • Prohibits the intentional targeting of individuals or groups based on various characteristics, emphasizing non-discrimination. • Declares ALPR system data as confidential and not considered a public record, with specific exceptions for disclosure to the vehicle owner or with their written consent. This legislative act proposes to balance law enforcement needs with privacy protections, specifying when and how ALPRs can be used, the retention period for data, and measures to safeguard against misuse or unauthorized access.Amendments:
Amended February 5, 2024, in SHPAC SHPACa/SB 208: Amendments as follows: • On page 2, line 13, before "that", insert "of New Mexico". • On page 3, line 8, after "state", insert "of New Mexico". • On page 3, line 12, after "state", insert "of New Mexico". • On page 3, line 19, after "state", insert "of New Mexico". • On page 4, line 5, strike "seven" and insert in lieu thereof "fourteen". • On page 4, line 18, after the first occurrence of "state", insert "of New Mexico".