HB 2771 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for automated license plate reader systems; and imposing penalties.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"AUTOMATED LICENSE PLATE READER SYSTEM." A SYSTEM, SOFTWARE OR COMPUTER ALGORITHM, WHETHER USED INDEPENDENTLY OR IN COMBINATION WITH ONE OR MORE MOBILE OR FIXED HIGH-SPEED CAMERAS THAT IS USED TO CONVERT IMAGES OF REGISTRATION PLATES INTO COMPUTER-READABLE DATA.

"CAPTURED DATA." THE GLOBAL POSITIONING SYSTEM COORDINATES, DATES AND TIMES, PHOTOGRAPHS, REGISTRATION PLATE NUMBERS AND ANY OTHER DATA CAPTURED BY, DERIVED OR INFERRED FROM ANY AUTOMATED LICENSE PLATE READER SYSTEM, INCLUDING, BUT NOT LIMITED TO, MAKE, MODEL, COLOR AND OTHER VEHICLE-RELATED CHARACTERISTICS.

"GOVERNMENT ENTITY." ANY COMMONWEALTH OFFICE, AGENCY, BOARD, BUREAU, DEPARTMENT, COMMISSION, POLITICAL SUBDIVISION, MUNICIPALITY, LOCAL AUTHORITY AND ANY OFFICER, AGENT OR OTHER PERSONNEL THEREOF.

"HOT LIST." A DATABASE OF COMPILED LICENSE PLATE AND OTHER VEHICLE IDENTIFYING INFORMATION, WHICH IS MAINTAINED IN A MANNER THAT ENSURES THE DATABASE IS AND REMAINS ACCURATE, RELEVANT, TIMELY AND COMPLETE AND REFLECTS A GOVERNMENT ENTITY'S DETERMINATION THAT A VEHICLE OR AN INDIVIDUAL ASSOCIATED WITH A VEHICLE IS RELEVANT AND MATERIAL TO AN ONGOING MISSING PERSONS, FELONY OR HOMICIDE INVESTIGATION OR OTHER MATTER OF ENFORCEMENT BY A GOVERNMENT ENTITY OR PRIVATE ENTITY AUTHORIZED UNDER THIS CHAPTER.

"PRIVATE ENTITY." A PERSON THAT IS NOT THE FEDERAL GOVERNMENT, THE COMMONWEALTH OR A MUNICIPAL AUTHORITY, UNDER 20260HB2771PN4000 - 10 - CONTRACT WITH A GOVERNMENT ENTITY TO CARRY OUT A GOVERNMENT FUNCTION, AND ANY OFFICER, AGENT OR OTHER PERSONNEL THEREOF.

"SECURED AREA." AN AREA, ENCLOSED BY CLEAR BOUNDARIES, TO WHICH ACCESS IS LIMITED AND ENTRY IS ONLY OBTAINABLE THROUGH SPECIFIC ACCESS-CONTROL POINTS.

§ 7002.

RESTRICTIONS ON THE USE OF AUTOMATED LICENSE PLATE READER SYSTEMS.

(A) PROHIBITION.--EXCEPT AS PROVIDED UNDER SUBSECTION (B), IT IS UNLAWFUL FOR ANY GOVERNMENT ENTITY OR PRIVATE ENTITY TO OPERATE OR USE AN AUTOMATED LICENSE PLATE READER SYSTEM OR CAPTURED DATA.

(B) AUTHORIZED USES.--AN AUTOMATED LICENSE PLATE READER SYSTEM AND CAPTURED DATA MAY BE OPERATED OR USED BY A GOVERNMENT ENTITY OR PRIVATE ENTITY EXCLUSIVELY FOR:

(1) THE COMPARISON OF CAPTURED DATA WITH A HOT LIST TO DETERMINE IF A VEHICLE SCANNED BY AN AUTOMATED LICENSE PLATE READER SYSTEM IS RELEVANT AND MATERIAL TO AN INVESTIGATION OF A VEHICLE THAT IS:

(I) REGISTERED TO AN INDIVIDUAL FOR WHOM THERE IS AN OUTSTANDING ARREST WARRANT FOR A HOMICIDE OR AN OFFENSE WHICH IS RECOGNIZED AS A FELONY UNDER THE LAWS OF THIS COMMONWEALTH;

(II) ASSOCIATED WITH A MISSING PERSON;

(III) STOLEN;

OR (IV) RELATED TO OR INVOLVED IN A HOMICIDE INVESTIGATION OR THE INVESTIGATION OF AN OFFENSE RECOGNIZED AS A FELONY UNDER THE LAWS OF THIS COMMONWEALTH.

(2) THE IDENTIFICATION OF VEHICLES THAT ARE:

(I) UNREGISTERED OR UNINSURED;

OR 20260HB2771PN4000 - 11 - (II) IN VIOLATION OF THE INSPECTION REQUIREMENT UNDER SECTION 4703 (RELATING TO OPERATION OF VEHICLE WITHOUT OFFICIAL CERTIFICATE OF INSPECTION).

(3) PARKING ENFORCEMENT.

(4) CONTROLLING ACCESS TO SECURED AREAS.

(5) TRAINING UNDER SUBSECTION (E).

(C) UNLAWFUL ACTS.-- (1) FOR THE AUTHORIZED USES UNDER SUBSECTION (B)(2)(I) AND (II), IT SHALL BE UNLAWFUL TO INTENTIONALLY TARGET ENFORCEMENT TOWARDS A POPULATION BASED ON RACE, ETHNICITY OR INCOME LEVEL IN A MANNER THAT EXCEEDS THAT GROUP'S PROPORTION OF THE OVERALL POPULATION WITHIN THE ENFORCING GOVERNMENT ENTITY'S JURISDICTION.

(2) IT SHALL BE UNLAWFUL FOR A GOVERNMENT ENTITY OR PRIVATE ENTITY TO OPERATE OR UTILIZE AN AUTOMATED LICENSE PLATE READER SYSTEM WHEN THE OPERATION IS NOT FULLY COMPLIANT WITH THIS CHAPTER.

(D) MANUAL QUERIES.--ANY GOVERNMENT ENTITY OR PRIVATE ENTITY THAT MANUALLY SEARCHES, QUERIES, ACCESSES OR OTHERWISE USES AN AUTOMATED LICENSE PLATE READER SYSTEM OR CAPTURED DATA SHALL CREATE A CONTEMPORANEOUS RECORD OF THE REASON FOR THE QUERIES IN TERMS OF THE USES AUTHORIZED UNDER SUBSECTION (B), WITH INFORMATION IDENTIFYING THE USER AND THE RELEVANT CASE, INVESTIGATION OR OTHER ENFORCEMENT MATTER IN CONNECTION WITH WHICH THE QUERY IS MADE.

(E) TRAINING REQUIRED.-- (1) PRIOR TO USING AN AUTOMATED LICENSE PLATE READER SYSTEM FOR A PURPOSE IDENTIFIED IN SUBSECTION (B)(1) OR (2), AN INDIVIDUAL SHALL COMPLETE A TRAINING COURSE APPROVED BY THE PENNSYLVANIA STATE POLICE AND THE MUNICIPAL POLICE 20260HB2771PN4000 - 12 - OFFICERS' EDUCATION AND TRAINING COMMISSION.

(2) PRIOR TO USING AN AUTOMATED LICENSE PLATE READER SYSTEM FOR A PURPOSE IDENTIFIED IN SUBSECTION (B)(3) OR (4), AN INDIVIDUAL SHALL COMPLETE A TRAINING COURSE TO BE PUBLICLY ACCESSIBLE UNDER THE POLICY OUTLINED IN SECTION 7005 (RELATING TO AUTOMATED LICENSE PLATE READER SYSTEM POLICY).

(3) INDIVIDUALS WHO USE AN AUTOMATED LICENSE PLATE READER SYSTEM IN THE DISCHARGE OF THEIR OFFICIAL DUTIES FOR A PURPOSE IDENTIFIED IN SUBSECTION (B) ON THE EFFECTIVE DATE OF THIS SECTION AND HAVE NOT PREVIOUSLY COMPLETED A SIMILAR TRAINING COURSE SHALL HAVE SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION, OR SIX MONTHS FROM THE DATE THE PENNSYLVANIA STATE POLICE CERTIFIES THAT A TRAINING COURSE IS AVAILABLE TO SUCH INDIVIDUALS, WHICHEVER IS LATER, TO COMPLETE THE REQUIRED TRAINING COURSE.

(F) USE AND OWNERSHIP OF DATA.--A GOVERNMENT ENTITY SHALL BE THE EXCLUSIVE OWNER OF ALL CAPTURED DATA COLLECTED THROUGH AN AUTOMATED LICENSE PLATE READER SYSTEM THAT IS OWNED OR OPERATED BY THE GOVERNMENT ENTITY OR BY A PRIVATE ENTITY ACTING ON BEHALF OF THE GOVERNMENT ENTITY.

CAPTURED DATA MAY NOT BE THE PROPERTY OF OR BE LICENSED TO THE MANUFACTURER OR VENDOR OF THE AUTOMATED LICENSE PLATE READER SYSTEM AND MAY NOT BE USED FOR ANY PURPOSE OTHER THAN PRESCRIBED IN THIS CHAPTER.

(G) FURTHER RESTRICTIONS.-- (1) AN AUTOMATED LICENSE PLATE READER SYSTEM MAY NOT BE UTILIZED IN SUCH A MANNER AS TO TAKE A FRONTAL VIEW RECORDED IMAGE OF A MOTOR VEHICLE UNLESS INCIDENTAL TO AN IMAGE OF THE REAR OF ANOTHER VEHICLE.

(2) AN AUTOMATED LICENSE PLATE READER SYSTEM MAY NOT BE UTILIZED TO IDENTIFY, NOR BE CONFIGURED OR EQUIPPED TO 20260HB2771PN4000 - 13 - IDENTIFY, THE DRIVER, THE PASSENGERS OR THE INTERIOR CONTENTS OF THE MOTOR VEHICLE, OR ANY OTHER INDIVIDUAL, AND MAY NOT BE USED FOR THE PURPOSE OF FACIAL RECOGNITION OR IN CONJUNCTION WITH FACIAL RECOGNITION SOFTWARE, PROGRAMS OR COMPUTER ALGORITHMS.

(3) THE USE BY A GOVERNMENT ENTITY OR PRIVATE ENTITY OF ANY SYSTEM, SOFTWARE, TECHNOLOGY OR COMPUTER ALGORITHM, USED INDEPENDENTLY OR IN COMBINATION WITH ONE OR MORE MOBILE OR FIXED HIGH-SPEED CAMERAS, WHETHER REMOTELY USER-CONTROLLED OR OTHERWISE, REGARDLESS OF WHETHER IMAGES ARE CONVERTED INTO COMPUTER-READABLE DATA, TO RECORD VIDEO IMAGES, CONDUCT GENERALIZED SURVEILLANCE, COLLECT DATA, COMPILE INTELLIGENCE, TRACK MOVEMENTS, IDENTIFY OR MONITOR INDIVIDUALS, OR FOR ANY PURPOSE OTHER THAN THOSE EXPLICITLY AUTHORIZED IN SUBSECTION (B) IS STRICTLY PROHIBITED.

(H) EXCEPTIONS.--THIS CHAPTER SHALL NOT APPLY TO:

(1) AN AUTOMATED RED LIGHT ENFORCEMENT SYSTEM AS DEFINED IN SECTION 102 (RELATING TO DEFINITIONS) AND USED UNDER SECTIONS 3116 (RELATING TO AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN FIRST CLASS CITIES) AND 3117 (RELATING TO AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN CERTAIN MUNICIPALITIES).

(2) A SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEM AS DEFINED AND USED UNDER SECTION 3345.1 (RELATING TO AUTOMATED ENFORCEMENT OF FAILURE TO STOP FOR SCHOOL BUS WITH FLASHING RED LIGHTS).

(3) AN AUTOMATED SPEED ENFORCEMENT SYSTEM AS DEFINED IN SECTION 102 AND USED UNDER SECTIONS 3369 (RELATING TO AUTOMATED SPEED ENFORCEMENT SYSTEMS IN ACTIVE WORK ZONES), 3370 (RELATING TO AUTOMATED SPEED ENFORCEMENT SYSTEM ON 20260HB2771PN4000 - 14 - DESIGNATED HIGHWAYS) AND 3371 (RELATING TO PILOT PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEMS IN DESIGNATED SCHOOL ZONES).

(4) A SYSTEM USED IN ELECTRONIC TOLL COLLECTION.

§ 7003.

APPLICABILITY OF RIGHT-TO-KNOW.

(A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), CAPTURED DATA COLLECTED OR RETAINED THROUGH THE USE OF AN AUTOMATED LICENSE PLATE READER SYSTEM SHALL NOT BE ACCESSIBLE UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.

(B) PUBLIC RECORD.--NOTWITHSTANDING SUBSECTION (A), AN AUTOMATED LICENSE PLATE READER SYSTEM'S AUDIT, USE AND ACCESS LOGS, INCLUDING RECORDS OF THE REASON FOR THE QUERY IN TERMS OF THE USES AUTHORIZED UNDER THIS CHAPTER, TOGETHER WITH INFORMATION IDENTIFYING THE USER AND THE RELEVANT CASE, INVESTIGATION OR OTHER ENFORCEMENT MATTER, IN CONNECTION WITH WHICH THE QUERY WAS MADE, SHALL BE SUBJECT TO ACCESS UNDER THE RIGHT-TO-KNOW LAW.

IN RESPONDING TO A VALID REQUEST FOR ACCESS UNDER CHAPTER 7 OF THE RIGHT-TO-KNOW LAW FOR INFORMATION ACCESSIBLE UNDER THIS SUBSECTION, PERSONALLY IDENTIFIABLE INFORMATION OF ANY INDIVIDUAL ASSOCIATED WITH CAPTURED DATA, INDIVIDUAL LICENSE PLATE INFORMATION OR OTHER VEHICLE-SPECIFIC IDENTIFYING INFORMATION, SUCH AS VEHICLE PHOTOGRAPHS AND INFORMATION REGARDING A VEHICLE'S MAKE, MODEL, OR COLOR, SHALL BE DEEMED INACCESSIBLE AND SHALL BE REDACTED FROM THE RESPONSIVE DOCUMENTS AND DATA PURSUANT TO SECTION 706 OF THE RIGHT-TO-KNOW LAW.

§ 7004.

DESTRUCTION OF CAPTURED DATA AND PRESERVATION REQUESTS.

(A) DESTRUCTION OF CAPTURED DATA.--CAPTURED DATA COLLECTED BY OR ON BEHALF OF A GOVERNMENT ENTITY AS AUTHORIZED UNDER 20260HB2771PN4000 - 15 - SECTION 7002(B) (RELATING TO RESTRICTIONS ON THE USE OF AUTOMATED LICENSE PLATE READER SYSTEMS) SHALL NOT BE USED, SHARED OR ACCESSED FOR ANY OTHER PURPOSE AND SHALL BE DELETED 72 HOURS AFTER THE DATA IS CAPTURED EXCEPT THAT THE DATA MAY BE RETAINED:

(1) FOR AS LONG AS THE CAPTURED DATA IS NEEDED AS EVIDENCE IN CONNECTION WITH AN INVESTIGATION OF OR PROSECUTION FOR A HOMICIDE OR A FELONY OFFENSE;

(2) FOR AS LONG AS THE CAPTURED DATA IS NEEDED AS EVIDENCE IN CONNECTION WITH AN INVESTIGATION INTO AND RECOVERY OF A MISSING PERSON OR STOLEN VEHICLE UNDER SECTION 7002(B)(1)(II) AND (III);

(3) FOR AS LONG AS THE CAPTURED DATA IS NEEDED TO SUPPORT THE ASSESSMENT AND COLLECTION OF A PARKING FEE UNDER SECTION 7002(B)(3);

(4) FOR AS LONG AS THE RELEVANT CAPTURED DATA AND ITS AUDIT, USE AND ACCESS LOGS IS NEEDED TO SUPPORT THE INVESTIGATION OF OR PROSECUTION FOR AN OFFENSE UNDER SECTION 7008(A) OR (B);

(5) FOR THE ENFORCEMENT OF VEHICLE CODE PROVISIONS RELATING TO REGISTRATION, INSURANCE AND INSPECTION REQUIREMENTS UNDER SECTION 7002(B)(2);

(6) PURSUANT TO A PRESERVATION REQUEST MADE UNDER SUBSECTION (B)(1);

(7) PURSUANT TO A DISCLOSURE ORDER SOUGHT UNDER SUBSECTION (B)(2);

OR (8) PURSUANT TO A VALID, COURT ISSUED, PROBABLE CAUSE WARRANT FOR A CRIMINAL OFFENSE RECOGNIZED UNDER THE LAWS OF THIS COMMONWEALTH OR OTHER VALID COURT ORDER.

(B) PRESERVATION REQUEST.-- 20260HB2771PN4000 - 16 - (1) UPON THE WRITTEN REQUEST OF A GOVERNMENT ENTITY OR A DEFENDANT IN A CRIMINAL CASE, A GOVERNMENT ENTITY OR PRIVATE ENTITY THAT OPERATES OR USES AN AUTOMATED LICENSE PLATE READER SYSTEM SHALL TAKE ALL NECESSARY STEPS TO PRESERVE SPECIFIED CAPTURED DATA IN ITS POSSESSION PENDING THE ISSUANCE OF A COURT ORDER SOUGHT UNDER PARAGRAPH (2) IF THE REQUESTING GOVERNMENT ENTITY OR DEFENDANT REQUESTS RETENTION AND SPECIFIES IN A WRITTEN, SWORN STATEMENT THAT:

(I) THE PARTICULAR CAMERA OR CAMERAS FOR WHICH CAPTURED DATA IS REQUESTED TO BE PRESERVED OR THE PARTICULAR LICENSE PLATE FOR WHICH CAPTURED DATA IS REQUESTED TO BE PRESERVED;

(II) THE DATE OR TIME FRAMES FOR WHICH CAPTURED DATA IS REQUESTED TO BE PRESERVED;

AND (III) A COURT ORDER FOR THE RETENTION AND DISCLOSURE OF CAPTURED DATA WILL BE SOUGHT UNDER PARAGRAPH (2), IN A COURT OF COMPETENT JURISDICTION WITHIN SEVEN DAYS OF THE TRANSMISSION OF THE PRESERVATION REQUEST.

(2) A GOVERNMENT ENTITY OR DEFENDANT IN A CRIMINAL CASE MAY APPLY FOR A COURT ORDER FOR THE EXTENDED RETENTION AND DISCLOSURE OF CAPTURED DATA, WHICH SHALL BE ISSUED BY ANY COURT OF COMPETENT JURISDICTION IF THE GOVERNMENT ENTITY OR DEFENDANT IN A CRIMINAL CASE OFFERS SPECIFIC AND ARTICULABLE FACTS SHOWING THERE IS PROBABLE CAUSE TO BELIEVE THE CAPTURED DATA IS RELEVANT AND MATERIAL TO AN ONGOING MISSING PERSONS, FELONY OR HOMICIDE INVESTIGATION, PROSECUTION OR DEFENSE OR OTHER MATTER OF ENFORCEMENT BY A GOVERNMENT OR PRIVATE ENTITY AUTHORIZED UNDER THIS CHAPTER.

(3) CAPTURED DATA RETAINED BY A GOVERNMENT ENTITY OR PRIVATE ENTITY FOR MORE THAN 72 HOURS AFTER THE DATA IS 20260HB2771PN4000 - 17 - CAPTURED UNDER A PRESERVATION REQUEST UNDER PARAGRAPH (1) SHALL BE IMMEDIATELY DESTROYED IF:

(I) AN APPLICATION FOR A COURT ORDER UNDER PARAGRAPH (2) IS NOT MADE WITHIN SEVEN DAYS OF THE PRESERVATION REQUEST;

OR (II) THE APPLICATION FOR THE COURT ORDER UNDER PARAGRAPH (2) IS DENIED.

(4) NOTICE OF A DATA DELETION-TRIGGERING EVENT UNDER PARAGRAPH (3) SHALL BE PROVIDED WITHIN 24 HOURS OF ITS OCCURRENCE BY THE GOVERNMENT ENTITY OR DEFENDANT IN A CRIMINAL CASE WHO MADE THE PRESERVATION REQUEST TO THE RECIPIENT OF THAT REQUEST.

UPON RECEIPT OF NOTICE UNDER THIS SUBSECTION, THE PRESERVED CAPTURED DATA SHALL BE DELETED.

(C) ACCESSING PRIVATELY CAPTURED DATA.--A GOVERNMENT ENTITY MAY PURCHASE, OBTAIN, RECEIVE OR USE PRIVATELY CAPTURED DATA ONLY PURSUANT TO A VALID, COURT ISSUED, PROBABLE CAUSE WARRANT FOR A CRIMINAL OFFENSE RECOGNIZED UNDER THE LAWS OF THIS COMMONWEALTH.

(D) DELETION OF PRESERVED OR PRIVATELY OBTAINED CAPTURED DATA.--EXCEPT AS PROVIDED IN SUBSECTION (B)(4), CAPTURED DATA PRESERVED UNDER SUBSECTION (A) OR OBTAINED UNDER SUBSECTION (C) SHALL BE DELETED WITHIN 72 HOURS OF THE COMPLETION OF THE INVESTIGATION, PROSECUTION OR CASE.

FOR PURPOSES OF THIS SUBSECTION, A PROSECUTION OR CASE IS DEEMED TO BE COMPLETED IF THE TIME PERIOD FOR APPEALS HAS ELAPSED OR IF ALL APPELLATE OPTIONS HAVE BEEN EXHAUSTED.

(E) NOTIFICATION.--A GOVERNMENT ENTITY OR PRIVATE ENTITY WHICH OBTAINED OR USED CAPTURED DATA SHALL ANNUALLY CERTIFY NOTICE WITH THE PENNSYLVANIA STATE POLICE THAT THE RECORDS HAVE BEEN DESTROYED IN ACCORDANCE WITH THIS SECTION NO LATER THAN 20260HB2771PN4000 - 18 - DECEMBER 15 OF EACH YEAR.

§ 7005.

AUTOMATED LICENSE PLATE READER SYSTEM POLICY.

THE PENNSYLVANIA STATE POLICE SHALL DEVELOP A POLICY RELATED TO THE USE OF AN AUTOMATED LICENSE PLATE READER SYSTEM WHICH INCLUDES THE BASIC PROTOCOL, GUIDELINES OR WRITTEN POLICIES GOVERNING THE IMPLEMENTATION, USE, MAINTENANCE AND STORAGE OF AUTOMATED LICENSE PLATE READER SYSTEMS AND CAPTURED DATA WHICH A GOVERNMENT ENTITY OR PRIVATE ENTITY MUST ADOPT PRIOR TO USING AUTOMATED LICENSE PLATE READER SYSTEMS OR CAPTURED DATA.

THE BASIC PROTOCOL, GUIDELINES OR WRITTEN POLICIES MUST INCLUDE, AT A MINIMUM, THE FOLLOWING:

(1) AN AUDIT PROCESS TO ENSURE THAT INFORMATION OBTAINED THROUGH THE USE OF AN AUTOMATED LICENSE PLATE READER SYSTEM IS USED ONLY AS AUTHORIZED IN SECTION 7002(B) (RELATING TO RESTRICTIONS ON THE USE OF AUTOMATED LICENSE PLATE READER SYSTEMS), INCLUDING AUDITS OF REQUESTS MADE BY GOVERNMENT ENTITIES OR PRIVATE ENTITIES.

(2) PROCEDURES AND SAFEGUARDS TO ENSURE THAT PERSONS WITH ACCESS TO THE AUTOMATED LICENSE PLATE READER SYSTEM AND CAPTURED DATA ARE ADEQUATELY SCREENED AND TRAINED.

(3) A COPY OF THE TRAINING COURSE USED UNDER SECTION 7002(E)(2), IF APPLICABLE.

(4) HUMAN VERIFICATION OF THE ACCURACY OF CAPTURED DATA.

(5) MINIMUM REQUIREMENTS FOR THE SECURE STORAGE OF CAPTURED DATA INCLUDING END-TO-END ENCRYPTION.

§ 7006.

SHARING OF CAPTURED DATA.

(A) PROHIBITION.--ANY GOVERNMENT ENTITY OR PRIVATE ENTITY THAT USES AUTOMATED LICENSE PLATE READER SYSTEMS UNDER SECTION 7002(B) (RELATING TO RESTRICTIONS ON THE USE OF AUTOMATED LICENSE PLATE READER SYSTEMS) MAY NOT:

20260HB2771PN4000 - 19 - (1) SHARE OR OTHERWISE PROVIDE ACCESS TO THE AUTOMATED LICENSE PLATE READER SYSTEM OR CAPTURED DATA UNLESS THE REQUESTING PARTY:

(I) IS A GOVERNMENT ENTITY OR PRIVATE ENTITY REQUESTING THE CAPTURED DATA FOR AN AUTHORIZED USE UNDER SECTION 7002(B) AND AGREES NOT TO FURTHER SHARE THE CAPTURED DATA UNLESS OTHERWISE REQUIRED BY LAW;

OR (II) HAS A JUDICIALLY ISSUED, PROBABLE CAUSE WARRANT FOR A CRIMINAL OFFENSE RECOGNIZED UNDER THE LAWS OF THIS COMMONWEALTH IN WHICH THE REQUESTED CAPTURED DATA IS REASONABLY DESCRIBED;

OR (2) PROVIDE ANY OTHER PERSON WITH DIRECT ACCESS TO THE AUTOMATED LICENSE PLATE READER SYSTEM OR CAPTURED DATA.

(B) RECORD CREATION.--A CONTEMPORANEOUS RECORD OF ANY REQUEST MADE, AND ANY CAPTURED DATA SHARED, PURSUANT TO SUBSECTION (A)(1)(I) SHALL BE CREATED TOGETHER WITH THE REASONS FOR SHARING IN TERMS OF THE USES AUTHORIZED UNDER SECTION 7002(B) AND INFORMATION IDENTIFYING THE REQUESTING PARTY, SHARING PARTY AND INFORMATION IDENTIFYING THE RELEVANT CASE, INVESTIGATION OR OTHER ENFORCEMENT MATTER IN CONNECTION WITH WHICH THE QUERY IS MADE.

(C) DELETION OF SHARED CAPTURED DATA.--CAPTURED DATA SHARED UNDER SUBSECTION (A)(1) SHALL BE DELETED WITHIN 72 HOURS OF THE COMPLETION OF THE INVESTIGATION, PROSECUTION OR CASE.

FOR PURPOSES OF THIS SUBSECTION, A PROSECUTION OR CASE IS DEEMED TO BE COMPLETED IF THE TIME PERIOD FOR APPEALS HAS ELAPSED OR IF ALL APPELLATE OPTIONS HAVE BEEN EXHAUSTED.

§ 7007.

ADMISSIBILITY OF EVIDENCE.

NO CAPTURED DATA AND NO EVIDENCE DERIVED THEREFROM SHALL BE ADMISSIBLE IN EVIDENCE IN ANY TRIAL, HEARING OR OTHER PROCEEDING 20260HB2771PN4000 - 20 - BEFORE ANY COURT OR GRAND JURY IN THIS COMMONWEALTH AS EVIDENCE IN MISSING PERSONS CASES, FELONY OR HOMICIDE CASES OR OTHER MATTERS OF ENFORCEMENT BY A GOVERNMENT ENTITY OR PRIVATE ENTITY AUTHORIZED UNDER THIS CHAPTER IF THE COLLECTION OR DISCLOSURE OF THAT INFORMATION WAS IN VIOLATION OF THIS CHAPTER, UNLESS THE EVIDENCE IS EXCULPATORY IN A CRIMINAL TRIAL OR PROCEEDING OR SUCH EVIDENCE IS NECESSARY AND RELEVANT IN A PROCEEDING UNDER SECTION 7008 (RELATING TO PENALTIES).

§ 7008.

PENALTIES.

(A) PROHIBITED USE OF AUTOMATED LICENSE PLATE READER SYSTEMS.--AN INDIVIDUAL WHO KNOWINGLY OR INTENTIONALLY VIOLATES SECTION 7002(A) (RELATING TO RESTRICTIONS ON THE USE OF AUTOMATED LICENSE PLATE READER SYSTEMS) COMMITS A MISDEMEANOR OF THE SECOND DEGREE.

(B) OTHER VIOLATIONS.--AN INDIVIDUAL WHO KNOWINGLY OR INTENTIONALLY VIOLATES SECTION 7002(D), (E), (F) OR (G) COMMITS A MISDEMEANOR OF THE THIRD DEGREE.

(C) LIABILITY.--ANY GOVERNMENT ENTITY, PRIVATE ENTITY OR OTHER PERSON WHO VIOLATES THE PROVISIONS OF THIS CHAPTER SHALL BE LIABLE FOR CIVIL DAMAGES TO A PERSON CLAIMING THAT A VIOLATION OF THIS CHAPTER HAS INJURED THE BUSINESS, PERSON OR REPUTATION OF THAT PERSON.

A PERSON SO INJURED SHALL BE ENTITLED TO ACTUAL DAMAGES, INCLUDING MENTAL PAIN AND SUFFERING ENDURED ON ACCOUNT OF VIOLATION OF THE PROVISIONS OF THIS ACT, OR LIQUIDATED DAMAGES OF $1,000, AND A REASONABLE ATTORNEY FEE AND OTHER COSTS OF LITIGATION, WHICHEVER IS LESS.

§ 7009.

CONSTRUCTION.

(A) CONSTRUCTION.--NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO PREVENT A MUNICIPALITY FROM ENACTING OR ENFORCING AN ORDINANCE THAT PENALIZES, PROHIBITS, PERMITS OR REGULATES THE 20260HB2771PN4000 - 21 - OPERATION OF AN AUTOMATED LICENSE PLATE READER SYSTEM WITHIN THE MUNICIPALITY'S BORDERS PROVIDED THE ORDINANCE IS MORE RESTRICTIVE THAN THIS CHAPTER.

(B) PREEMPTION.--THIS CHAPTER SUPERSEDES AND PREEMPTS ANY ORDINANCE ENACTED BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION TO THE EXTENT THAT ORDINANCE PERMITS OR AUTHORIZES CONDUCT PROHIBITED BY THIS CHAPTER OR IMPOSES REQUIREMENTS OR PENALTIES LESS RESTRICTIVE THAN THOSE IMPOSED BY THIS CHAPTER.

TO THE EXTENT AN ORDINANCE IS PREEMPTED UNDER THIS SUBSECTION, THIS CHAPTER SHALL GOVERN.

SECTION 2.

UNLESS SPECIFICALLY PROVIDED IN 75 PA.C.S.

CH.

70, NOTHING IN 75 PA.C.S.

CH.

70 SHALL BE CONSTRUED TO APPLY TO CAPTURED DATA OBTAINED BEFORE THE EFFECTIVE DATE OF THIS SECTION.

SECTION 3.

THIS ACT SHALL TAKE EFFECT IN SIX MONTHS.

20260HB2771PN4000 - 22 -