HF 2161 (LSB 5768YH (8) 91)

HOUSE FILE 2161

BY  JONES, LAWLER, and YOUNG

A BILL FOR

An Act relating to the use of automatic registration plate readers, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321P.4, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  A person shall not use an automatic registration plate reader in a local authority unless the governing body of the local authority has adopted an ordinance authorizing the use of a plate reader in the local authority.
   NEW SUBSECTION.  001.  A person shall not access an image of a vehicle registration plate, or any other accompanying data, captured by an automatic registration plate reader more than twenty-four hours after the image or data was captured unless a magistrate has issued a search warrant for the specific registration plate number or vehicle or a county attorney has issued a subpoena for the specific registration plate number or vehicle. After a search warrant or subpoena is issued, a person may copy and store a registration plate image and any accompanying data in accordance with subsection 2. A search warrant or subpoena is not required under this subsection in any of the following circumstances:
   a.  When the owner of a vehicle gives voluntary consent authorizing the operator of a plate reader to access an image or accompanying data of the owner’s vehicle.
   b.  When the owner of a vehicle files a report with a law enforcement agency attesting that the vehicle is lost or stolen.
   c.  When exigent circumstances make it impractical to obtain a search warrant or subpoena before the exigency expires.
   d.  When searching for evidence related to an emergency alert to the public that a child has been abducted and is believed to be in danger of serious bodily harm or death, commonly referred to as an amber alert.
   e.  When searching for evidence related to a violation of section 710A.2.
   NEW SUBSECTION.  2A.  A person who accesses an image of a vehicle registration plate, or any other accompanying data, captured by an automatic registration plate reader shall record the person’s access in a records log maintained by the local authority that authorized the use of the plate reader. A person shall not provide a copy of an image of a vehicle registration plate captured by an automatic registration plate reader, or any other accompanying data, to a nongovernmental third party in this state or to a third party outside of this state.
   NEW SUBSECTION.  2B.  A person shall not use an automatic registration plate reader that is able to recognize or identify a person based on a photograph or recording of the person’s face captured by the plate reader. A person who uses a plate reader shall not use software designed to recognize or identify a person based on a photograph or recording of the person’s face captured by the plate reader.
   NEW SUBSECTION.  2C.  A person shall not place an automatic registration plate reader directed at a church, synagogue, or other established place of religious worship.
    Sec. 2.  Section 321P.4, subsection 4, Code 2026, is amended to read as follows:
   4.  a.  A person who violates subsection 01, 001, 1, or 2C commits a simple misdemeanor.
   b.  A person who violates subsection 2A or 2B commits unauthorized computer access in violation of section 716.6B, subsection 1, paragraph “a”.
    Sec. 3.  Section 716.6B, subsection 1, paragraph a, Code 2026, is amended to read as follows:
   a.  An aggravated misdemeanor if computer data is accessed that contains a confidential record, as defined in section 22.7, an image of a vehicle registration plate or any other accompanying data captured by an automatic registration plate reader in violation of section 321P.4, subsection 2A or 2B, operational or support data of a public utility, as defined in section 476.1, operational or support data of a rural water district incorporated pursuant to chapter 357A or 504, operational or support data of a municipal utility organized pursuant to chapter 388 or 389, operational or support data of a public airport, or a trade secret, as defined in section 550.2.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the operator of an automatic registration plate reader (plate reader) is required to permanently delete every image of a vehicle registration plate captured by the plate reader, and any other accompanying data, within 30 days after the image was captured. Prior to deletion from the plate reader, a law enforcement agency is authorized to copy and store an image of a vehicle registration plate captured by a plate reader, and any other accompanying data, if the image and data are relevant to an ongoing criminal case or investigation. Copies maintained by a law enforcement agency are not required to be deleted, but the law enforcement agency must maintain the copies in accordance with the agency’s evidence retention policies. A person who violates the deletion requirement commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   This bill prohibits a person from using a plate reader unless the governing body of the local authority has adopted an ordinance authorizing the use of a plate reader in the county or municipality, as applicable. A person who violates this provision commits a simple misdemeanor.
   The bill prohibits a person from accessing an image of a vehicle registration plate captured by a plate reader, or any other accompanying data, more than 24 hours after the image or data was captured unless a magistrate has issued a search warrant for the specific registration plate number or vehicle or a county attorney has issued a subpoena for the specific registration plate number or vehicle. The bill provides exceptions to the search warrant or subpoena requirement when the owner of a vehicle gives voluntary consent, when the vehicle is lost or stolen, when exigent circumstances exist, when searching for evidence related to an amber alert, or when searching for evidence related to human trafficking. A person who violates this provision commits a simple misdemeanor.
   The bill requires a person who accesses an image of a vehicle registration plate, or any other accompanying data, captured by a plate reader to record the person’s access in a records log maintained by the local authority that authorized the use of the plate reader, and prohibits a person from providing a copy of an image of a vehicle registration plate captured by a plate reader, or any other accompanying data, to a nongovernmental third party in Iowa or to a third party outside of Iowa. A person is prohibited from using a plate reader that is able to recognize or identify a person based on a photograph or recording of the person’s face captured by the plate reader and from using software designed to recognize or identify a person based on a photograph or recording of the person’s face captured by the plate reader. A person who violates these provisions commits unauthorized computer access, in violation of Code section 716.6B(1)(a), an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.
   The bill prohibits a plate reader from being placed and directed at a church, synagogue, or other established place of religious worship. A person who violates this provision commits a simple misdemeanor.