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A04157 Summary:

Amd §840, add §837-x, Exec L
Relates to automatic license plate readers (ALPRs) and mandatory postings of policies and annual reporting requirements.
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A04157 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the executive law, in relation to the use of automatic license plate reader systems   PURPOSE OR GENERAL IDEA OF BILL: This bill would create guidelines for the use of license plate reader technology by law enforcement agencies.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new subdivision 7 to section 840 of the executive law requiring the municipal police training council to (a) develop, maintain and disseminate a minimum standards policy governing the use of automat- ic license plate reader systems. The minimum standards policy shall include, but not be limited to, provisions on permissible uses of the automated license plate reader technology, data sharing and dissem- ination, prohibited uses, record retention and management, and training; and (b) recommend to the governor, rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers. Such recom- mended rules and recommendations shall also be submitted to the tempo- rary president of the senate and the speaker of the assembly Section 2 adds a new section 837-x to the executive law to provide that all state and local enforcement agencies shall conspicuously post the minimum standards for the use of automatic license plate reader systems policy, as promulgated under section 840 of this article on its website, or if the law enforcement agency does not maintain a website, in its main office. Such policy shall be made available to the public upon request. Section 3 sets the effective date.   JUSTIFICATION: Automatic License Plate Reader (ALPR) technology has become an increas- ingly useful tool for law enforcement agencies for the purpose of aiding and assisting in catching criminals. New Yorkers have always valued privacy and the use of ALPR technology can infringe upon an innocent citizen's inherent right to privacy. According the American Civil Liber- ties Union, this technology and data derived from it can essentially map out the entire life of a private citizen who has not committed or even been suspected of any crimes. New York currently does not have uniform standards•in place governing the use of ALPRs. This legislation would require the State's Municipal Police Training Council to develop such standards and to recommend rules and regulations to the Governor with respect to the establishment and implementation of a training program for all current and new officers regarding the established standards. In addition, all state and local enforcement agencies would be required to post the standards developed on its website. This will increase trans- parency for the public, so individuals know how this data will be used.   PRIOR LEGISLATIVE HISTORY: A.940B of 2021 and 2022, reported referred to codes in 2021, referred to consumer protection in 2022. Same as S.685B, amended and recommitted to consumer protection. A.7254 of 2019 and 2020, referred to governmental operations. Same as S.40, referred to consumer protection   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect one year after which it has become a law.
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