California 2021-2022 Regular Session Status: In Committee 1 D cosponsors

SB 210 — Automated license plate recognition systems: use of data.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate reader technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law authorizes the department to share that data with law enforcement agencies for specified purposes and requires both an ALPR operator and an ALPR end-user, as those terms are defined, to implement a usage and privacy policy regarding that ALPR information, as specified. Existing law requires that the usage and privacy policy implemented by an ALPR operator or an ALPR end-user include the length of time ALPR information will be retained and the process the ALPR operator and ALPR end-user will utilize to determine if and when to destroy retained ALPR information. This bill would include in those usage and privacy policies a requirement that, if the ALPR operator or ALPR end-user is a public agency and not an airport authority, ALPR data that does not match a hot list be destroyed within 24 hours. Existing law requires an ALPR operator and an ALPR end-user to maintain reasonable security procedures and practices. Under existing law, the reasonable security procedures and practices must include operational, administrative, technical, and physical safeguards to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. This bill would additionally require those procedures and practices to include an annual audit to review ALPR end-user searches during the previous year and, where the ALPR operator or ALPR end-user is a public agency and not an airport authority, the destruction of all ALPR information that does not match information on a hot list within 24 hours. The bill would also prohibit an ALPR operator or an ALPR end-user that is a public agency and not an airport authority from accessing an ALPR system that retains ALPR information for more than 24 hours that does not match a hot list. Existing law requires an ALPR operator that accesses or provides access to ALPR information to maintain a record of that access and require that ALPR information only be used for the authorized purposes described in the usage and privacy policy. This bill would extend the requirement to keep a record of access to ALPR information to an ALPR end-user. The bill would additionally require an ALPR operator or an ALPR end-user that accesses or provides access to ALPR information to conduct an annual audit to review ALPR end-user searches during the previous year and to confirm that, if the ALPR operator or ALPR end-user is a public agency and not an airport authority, all ALPR information that does not match a hot list is routinely destroyed in 24 hours or less. The bill would require these annual audits be made available to the public in writing, and, if the ALPR operator or ALPR end-user has an internet website, would require the annual audits be posted conspicuously on that internet website. This bill would require the Department of Justice, on or before July 1, 2022, to draft and make available on its internet website a policy template and would permit local law enforcement agencies to use the template as a model for their ALPR policies. The bill would also require the Department of Justice to develop and issue guidance to help local law enforcement agencies identify and evaluate the types of data they are currently storing in their ALPR database systems.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. May 20 hearing: Held in committee and under submission.

  3. Set for hearing May 20.

  4. April 5 hearing: Placed on APPR suspense file.

  5. Set for hearing April 5.

  6. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 590.) (March 23). Re-referred to Com. on APPR.

  7. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  8. Set for hearing March 23.

  9. March 16 set for first hearing canceled at the request of author.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  11. Set for hearing March 16.

  12. Referred to Com. on JUD.

  13. From printer. May be acted upon on or after February 12.

  14. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 5000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Kamlager — Yea
Bradford — Yea
Bates — Yea
Wieckowski — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 3100
Republican 0001
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Gonzalez — Yea
Wieckowski — Yea
Borgeas — Nay
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does SB 210 do?
Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate reader technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law authorizes the department to share that data with law enforcement agencies for specified purposes and requires both an ALPR operator and an ALPR end-user, as those terms are defined, to implement a usage and privacy policy regarding that ALPR information, as specified. Existing law requires that the usage and privacy policy implemented by an ALPR operator or an ALPR end-user include the length of time ALPR information will be retained and the process the ALPR operator and ALPR end-user will utilize to determine if and when to destroy retained ALPR information. This bill would include in those usage and privacy policies a requirement that, if the ALPR operator or ALPR end-user is a public agency and not an airport authority, ALPR data that does not match a hot list be destroyed within 24 hours. Existing law requires an ALPR operator and an ALPR end-user to maintain reasonable security procedures and practices. Under existing law, the reasonable security procedures and practices must include operational, administrative, technical, and physical safeguards to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. This bill would additionally require those procedures and practices to include an annual audit to review ALPR end-user searches during the previous year and, where the ALPR operator or ALPR end-user is a public agency and not an airport authority, the destruction of all ALPR information that does not match information on a hot list within 24 hours. The bill would also prohibit an ALPR operator or an ALPR end-user that is a public agency and not an airport authority from accessing an ALPR system that retains ALPR information for more than 24 hours that does not match a hot list. Existing law requires an ALPR operator that accesses or provides access to ALPR information to maintain a record of that access and require that ALPR information only be used for the authorized purposes described in the usage and privacy policy. This bill would extend the requirement to keep a record of access to ALPR information to an ALPR end-user. The bill would additionally require an ALPR operator or an ALPR end-user that accesses or provides access to ALPR information to conduct an annual audit to review ALPR end-user searches during the previous year and to confirm that, if the ALPR operator or ALPR end-user is a public agency and not an airport authority, all ALPR information that does not match a hot list is routinely destroyed in 24 hours or less. The bill would require these annual audits be made available to the public in writing, and, if the ALPR operator or ALPR end-user has an internet website, would require the annual audits be posted conspicuously on that internet website. This bill would require the Department of Justice, on or before July 1, 2022, to draft and make available on its internet website a policy template and would permit local law enforcement agencies to use the template as a model for their ALPR policies. The bill would also require the Department of Justice to develop and issue guidance to help local law enforcement agencies identify and evaluate the types of data they are currently storing in their ALPR database systems.
Who sponsors SB 210?
SB 210 is sponsored by Wiener, Scott D. (Democratic), Wieckowski, Chiu, Ting, and Mark Stone.
What is the current status of SB 210?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 210?
Track SB 210 free on One Click Politics — get push/email alerts when it moves.

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