H.F. 2701 Section 1. NEW SECTION . 321Q.1 Definitions. 1 As used in this chapter: 2 1. “Audit trail” means all records of queries and responses 3 relating to an automatic registration plate reader, and all 4 records of actions relating to plate reader data that is 5 accessed, entered, updated, shared, or disseminated, including 6 all of the following: 7 a. The date and time when a plate reader was accessed. 8 b. The registration plate characters or other data elements 9 used to query a plate reader. 10 c. The specific purpose, in accordance with section 321Q.4, 11 for accessing or querying a plate reader, including the type of 12 offense for a criminal investigation. 13 d. The associated call for service or case number. 14 e. The username of the person who accessed or queried the 15 plate reader. 16 2. “Audit trail data” means information in any form that 17 is collected or generated by an automatic registration plate 18 reader for purposes of producing an audit trail. 19 3. “Automatic registration plate reader” or “plate reader” 20 means a camera or other optical device designed or programmed 21 to automatically detect a vehicle’s registration plate, or 22 to automatically capture or store an image of a vehicle’s 23 registration plate and any accompanying data that is capable 24 of converting an image of a registration plate, vehicle, or a 25 combination of both into computer-readable data. 26 4. “Law enforcement agency” means an agency or entity that 27 employs a peace officer, as defined in section 801.4. 28 5. “Missing or endangered person” means a person who has 29 been identified as missing or endangered based on information 30 provided by the national criminal information center or the 31 national center for missing and exploited children; a person 32 described in section 694.1; a person subject to an endangered 33 person advisory issued by the department of public safety; a 34 person subject to an emergency alert to the public that a child 35 -1- LSB 6657HV (1) 91 th/ns 1/ 12

H.F. 2701 has been abducted and is believed to be in danger of serious 1 bodily harm or death, commonly referred to as an amber alert; a 2 person subject to a blue alert under chapter 80H; or a person 3 subject to any substantially similar alert under the laws of 4 another state or territory of the United States, the District 5 of Columbia, or the United States. 6 6. “Notification” means an alert from an automatic 7 registration plate reader that a registration plate or vehicle 8 matches a registration plate or vehicle in a database utilized 9 by the automatic registration plate reader for comparison 10 purposes. 11 7. “Person associated with human trafficking” means a person 12 who is either a suspected victim or an alleged perpetrator of 13 human trafficking, as defined in section 710A.1. 14 8. “Plate reader data” means data in any form collected 15 or generated by an automatic registration plate reader, 16 including images of a registration plate; vehicle; identifying 17 characteristics of a vehicle; the date, time, and location 18 of an image; and any peripheral images collected from which 19 analytical data may be extracted. 20 9. “Procurement team” means the department of administrative 21 services or department of management staff responsible for, 22 among other things, overseeing and helping state employees and 23 agencies work with vendors to buy goods and services pursuant 24 to chapter 8, subchapter XI, or chapter 8A, subchapter III, as 25 applicable. 26 10. “Publicize” means to provide information to members 27 of the public via an internet site that is maintained by a 28 law enforcement agency or via any other internet site on 29 which the agency provides information so long as the internet 30 site is available to members of the public or the agency 31 clearly describes how members of the public can access such 32 information. 33 11. “Query” means a search of plate reader data based on 34 information entered by the user, including a full or partial 35 -2- LSB 6657HV (1) 91 th/ns 2/ 12

H.F. 2701 registration plate number; any identifying characteristics of a 1 vehicle; the date, time, or location of an image; or any other 2 data that is searchable within the automatic registration plate 3 reader. 4 12. “Vendor” means a business, company, corporation, 5 or other nongovernmental entity that contracts with a law 6 enforcement agency or municipality for the installation, use, 7 or maintenance of an automatic registration plate reader. 8 Sec. 2. NEW SECTION . 321Q.2 Approved plate readers. 9 A person other than a law enforcement agency shall not use 10 an automatic registration plate reader. A law enforcement 11 agency shall not use a plate reader unless the plate reader is 12 approved by the procurement team. The procurement team shall 13 not approve an automatic registration plate reader for use 14 unless all of the following occur: 15 1. The vendor certifies that it will not sell or share 16 any plate reader data or audit trail data from a plate reader 17 in this state, except upon request of the contracting law 18 enforcement agency for a purpose described in section 321Q.6, 19 and will only access plate reader data or audit trail data 20 upon request of the contracting law enforcement agency for 21 maintenance and quality assurance purposes. 22 2. The vendor certifies that its plate reader is capable 23 of purging plate reader data collected or generated by a plate 24 reader in this state after twenty-one days from the date of 25 its capture, or earlier if requested by the contracting law 26 enforcement agency, in such a manner that the plate reader data 27 is destroyed and not recoverable by either the vendor or the 28 contracting law enforcement agency. 29 3. The vendor certifies that its plate reader is capable of 30 producing an audit trail and purging audit trail data collected 31 or generated by a plate reader in this state after two years 32 from the date of its capture in such a manner that the audit 33 trail data is destroyed and not recoverable by either the 34 vendor or the contracting law enforcement agency. 35 -3- LSB 6657HV (1) 91 th/ns 3/ 12

H.F. 2701 4. The databases used by the plate reader to provide 1 notifications in accordance with section 321Q.4 are updated at 2 least once every twenty-four hours, or as soon as practicable 3 after such updates become available. 4 5. The plate reader meets information security standards as 5 established by the department of management. 6 Sec. 3. NEW SECTION . 321Q.3 Vendor contract requirements. 7 A law enforcement agency shall not agree to a contract with a 8 vendor unless the contract specifies that plate reader data and 9 audit trail data will be the property of the law enforcement 10 agency and that the plate reader meets the requirements under 11 section 321Q.2. The vendor must agree to immediately notify 12 the law enforcement agency upon receipt of any subpoena duces 13 tecum, execution of any search warrant, or any other request 14 from a third party for such plate reader data or audit trail 15 data, unless disclosure of such subpoena duces tecum, search 16 warrant, or request is otherwise prohibited by law. 17 Sec. 4. NEW SECTION . 321Q.4 Warrant required —— exceptions. 18 1. A law enforcement agency shall not access an image 19 of a vehicle registration plate, or any other accompanying 20 data, captured by an automatic registration plate reader more 21 than twenty-four hours after the image or data was captured 22 unless a magistrate has issued a search warrant for the 23 specific registration plate number or vehicle. After a search 24 warrant is issued, a law enforcement agency may copy and 25 store a registration plate image and any accompanying data in 26 accordance with subsection 2. 27 2. A search warrant is not required in any of the following 28 circumstances: 29 a. When the owner of a vehicle gives voluntary consent 30 authorizing the operator of a plate reader to access an image 31 or accompanying data of the owner’s vehicle. 32 b. When the owner of a vehicle files a report with a law 33 enforcement agency attesting that the vehicle is lost or 34 stolen. 35 -4- LSB 6657HV (1) 91 th/ns 4/ 12

H.F. 2701 c. When exigent circumstances make it impractical to obtain 1 a search warrant before the exigency expires. 2 d. As part of an active investigation related to a missing 3 or endangered person, including whether to issue an alert for 4 such person, or a person associated with human trafficking. 5 e. To receive notifications related to a missing or 6 endangered person, a person with an outstanding warrant, a 7 person associated with human trafficking, a stolen vehicle, or 8 a stolen registration plate. 9 3. All information necessary for the creation of an audit 10 trail shall be entered in order to query plate reader data. 11 A law enforcement agency shall not query or download plate 12 reader data unless such data is related to at least one of the 13 purposes described in subsection 2. A law enforcement agency 14 may download audit trail data for purposes of generating audit 15 reports. 16 Sec. 5. NEW SECTION . 321Q.5 Data retention. 17 1. Within twenty-one days after plate reader data is 18 recorded, the data must be purged in a manner that the data is 19 destroyed and not recoverable by either the vendor or a law 20 enforcement agency. 21 2. Within two years after audit trail data is recorded, the 22 data must be purged in a manner that such data is destroyed 23 and not recoverable by either the vendor or a law enforcement 24 agency. 25 3. Notwithstanding subsections 1 and 2, if the plate 26 reader data or the audit trail data is part of an ongoing 27 investigation, prosecution, or civil action, the data shall 28 be retained by the law enforcement agency in accordance with 29 applicable records retention laws and policies until the 30 investigation concludes without a criminal charge being filed 31 or by the final disposition of a criminal or civil matter 32 related to the data, including any direct appeals and a writ of 33 habeas corpus pursuant to chapter 663 or federal law. 34 Sec. 6. NEW SECTION . 321Q.6 Data disclosure restricted. 35 -5- LSB 6657HV (1) 91 th/ns 5/ 12

H.F. 2701 1. Plate reader data and audit trail data are confidential 1 records under chapter 22. A law enforcement agency shall not 2 sell plate reader data or audit trail data. 3 2. Except as provided in this subsection and subsection 4 3, a law enforcement agency shall not share plate reader data 5 or audit trail data with, or disseminate such data to, any 6 database of another state, federal, private, or commercial 7 entity. A law enforcement agency may share plate reader data 8 or audit trail data for any of the following purposes: 9 a. With another law enforcement agency for purposes set 10 forth in section 321Q.4, which may include allowing another law 11 enforcement agency to query plate reader data, provided that 12 the agency receiving such data otherwise complies with this 13 chapter. 14 b. With the attorney general for purposes set forth in 15 section 321Q.4 or for complying with discovery or a court order 16 in a criminal proceeding. 17 c. With a defendant or the defendant’s legal representative 18 for purposes of complying with discovery or a court order in 19 a criminal proceeding. 20 d. Pursuant to a court order, including a subpoena duces 21 tecum issued by a court in a criminal or civil proceeding. 22 e. With the vendor for maintenance or quality assurance 23 purposes. 24 f. To alert the public about an emergency situation, a 25 missing or endangered person, a person associated with human 26 trafficking, or a person with an outstanding warrant. 27 3. The department of public safety shall share plate reader 28 data obtained from a plate reader installed, maintained, 29 and operated on a primary road system with any other law 30 enforcement agency with jurisdiction over the highway where the 31 plate reader is operated, and such law enforcement agency may 32 share such plate reader data in accordance with subsection 2. 33 Sec. 7. NEW SECTION . 321Q.7 Recordkeeping. 34 A law enforcement agency that uses a plate reader shall 35 -6- LSB 6657HV (1) 91 th/ns 6/ 12

H.F. 2701 maintain records sufficient to facilitate public reporting as 1 required by this section, the production of an audit trail, 2 and discovery in criminal and civil proceedings, appeals, and 3 postconviction proceedings. 4 Sec. 8. NEW SECTION . 321Q.8 Required policies. 5 A law enforcement agency that uses a plate reader shall 6 establish a policy governing such use that is consistent with 7 this chapter that includes all of the following: 8 1. Training requirements for persons who will use or access 9 the plate reader. 10 2. The purposes for which the plate reader can be used or 11 accessed. 12 3. Procedures to ensure that the databases used by the plate 13 reader to provide notifications are updated at least every 14 twenty-four hours, or as soon as practicable after such updates 15 become available. 16 4. Procedures to confirm the accuracy of any notifications 17 made by the plate reader before stopping a vehicle. 18 5. A prohibition against downloading plate reader data that 19 is not related to at least one of the purposes set forth in 20 section 321Q.4, except for downloads of audit trail data for 21 purposes of generating audit reports. 22 6. An internal auditing procedure that occurs at least once 23 every thirty days. 24 7. Procedures for the retention and destruction of plate 25 reader data and audit trail data that are consistent with 26 section 321Q.5. 27 8. A prohibition on the sale of plate reader data and audit 28 trail data and restrictions on the sharing of plate reader data 29 and audit trail data that are consistent with section 321Q.6. 30 9. Security procedures to protect the plate reader, plate 31 reader data, and audit trail data from unauthorized access, 32 destruction, use, modification, or disclosure. 33 Sec. 9. NEW SECTION . 321Q.9 Report to department of public 34 safety. 35 -7- LSB 6657HV (1) 91 th/ns 7/ 12

H.F. 2701 A law enforcement agency that uses a plate reader shall 1 report to the department of public safety, in a format 2 determined by the department, on the law enforcement agency’s 3 use of plate readers during the preceding calendar year, which 4 shall include all of the following data: 5 1. The total number of cameras owned or leased by an agency 6 as part of a plate reader at the conclusion of each calendar 7 year, including the number of such cameras designed to be 8 affixed inside or on a motor vehicle, permanently affixed 9 adjacent to a highway, or temporarily affixed or placed 10 adjacent to a highway for purposes of capturing plate reader 11 data. 12 2. A list of all state and federal databases with which the 13 plate reader data was compared, unless the existence of any 14 such database itself is not public. 15 3. The total number of times the plate reader was queried, 16 including the specific purposes of the queries, and the offense 17 types for any criminal investigation. 18 4. The number of motor vehicles stopped based on a 19 notification from the plate reader, including the specific 20 reason for the notification. 21 5. Whether the agency allows any other law enforcement 22 agencies to access its plate reader data, and if so, which 23 other agencies have been granted such access. 24 6. The number of identified instances of unauthorized use 25 of or access to the plate reader, including the nature and 26 circumstances of such instances. 27 7. The number of subpoenas duces tecum, search warrants, and 28 any other requests received from a third party for plate reader 29 data or audit trail data, including the identity of the entity 30 that requested the issuance of such subpoena duces tecum, 31 executed such search warrant, or requested such data, and 32 whether any data was provided to such entity, unless disclosure 33 of such subpoena duces tecum, search warrant, or request is 34 otherwise prohibited by law. 35 -8- LSB 6657HV (1) 91 th/ns 8/ 12

H.F. 2701 Sec. 10. NEW SECTION . 321Q.10 Report to governor and 1 general assembly. 2 The department of public safety shall aggregate the data 3 provided pursuant to section 321Q.9 and submit a report 4 regarding the data to the governor and to the general assembly 5 on or before the second Monday in January of each year. 6 Sec. 11. NEW SECTION . 321Q.11 Publicized information. 7 A law enforcement agency that uses a plate reader shall 8 publicize the policy set forth in section 321Q.8 and the report 9 set forth in section 321Q.9. Data shall not be publicized 10 if it contains personal or case identifying information. In 11 addition, data that contains an articulable concern for a 12 person’s safety, that is otherwise prohibited from public 13 disclosure by federal or state law, or that may compromise 14 sensitive criminal justice information if disclosed, may be 15 excluded from being publicized. 16 Sec. 12. NEW SECTION . 321Q.12 Restrictions on use. 17 A law enforcement agency shall not use a plate reader for 18 the purpose of interfering with individuals engaged in lawful 19 activities or tracking individuals on the basis of the content 20 of lawfully protected speech or the free exercise of religion. 21 Sec. 13. NEW SECTION . 321Q.13 Stops based only on plate 22 reader alerts prohibited. 23 A notification by a plate reader for purposes set forth 24 in section 321Q.4 does not, by itself, constitute reasonable 25 suspicion as grounds for law enforcement to stop a vehicle. 26 Prior to stopping a vehicle based on a notification, a law 27 enforcement officer shall do at least one of the following: 28 1. Identify independent reasonable suspicion for the stop. 29 2. Confirm that the registration plate or identifying 30 characteristics of the vehicle match the information contained 31 in the database used to generate the notification. 32 Sec. 14. NEW SECTION . 321Q.14 Criminal penalty. 33 A person who willfully and intentionally queries, accesses, 34 or uses a plate reader for a purpose other than described 35 -9- LSB 6657HV (1) 91 th/ns 9/ 12

H.F. 2701 in section 321Q.4, or who willfully and intentionally sells, 1 shares, or disseminates plate reader data or audit trail data 2 in violation of section 321Q.6, commits a serious misdemeanor. 3 Sec. 15. NEW SECTION . 321Q.15 Evidence admissibility. 4 Evidence obtained as the result of a violation of this 5 chapter is not admissible by the state in any criminal or civil 6 proceeding, but such evidence may be admitted by a defendant in 7 a criminal proceeding or a litigant, other than the state, in a 8 civil proceeding. 9 Sec. 16. NEW SECTION . 321Q.16 Applicability. 10 This chapter does not apply to an automated traffic law 11 enforcement system used to enforce parking regulations, speed 12 limits, toll requirements, high-occupancy vehicle requirements, 13 or on-road emissions monitoring. 14 Sec. 17. NEW SECTION . 321Q.17 Vendor required to notify. 15 Upon receipt of a subpoena duces tecum, execution of a search 16 warrant, or any other request from a third party for any plate 17 reader data or audit trail data, a vendor shall immediately 18 notify the law enforcement agency using the vendor’s plate 19 reader, unless disclosure of such subpoena duces tecum, search 20 warrant, or request is otherwise prohibited by law. 21 Sec. 18. NEW SECTION . 321Q.18 Promotion of public 22 awareness. 23 Prior to or coincident with the implementation of an 24 automatic registration plate reader, a law enforcement agency 25 shall take measures to promote public awareness on the agency’s 26 use of the plate reader. 27 Sec. 19. REPEAL. Section 321P.4, Code 2026, is repealed. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 Under current law, the operator of an automatic registration 32 plate reader (plate reader) or any associated data storage 33 device is required to permanently delete from the plate reader 34 and storage device, as applicable, every image of a vehicle 35 -10- LSB 6657HV (1) 91 th/ns 10/ 12

H.F. 2701 registration plate captured by the plate reader, and any other 1 accompanying data, no later than 30 days after the image was 2 captured. However, prior to deletion, an image of a vehicle 3 registration plate captured by a plate reader may be copied and 4 stored by a law enforcement agency if the image and data are 5 relevant to an ongoing criminal case or investigation. The law 6 enforcement agency is not required to delete the copied image 7 or data but must maintain the copied registration plate image 8 and data in accordance with the agency’s evidence retention 9 policies. 10 This bill repeals these provisions and enacts a new Code 11 chapter regulating the use of plate readers. 12 The bill prohibits a person other than a law enforcement 13 agency from using a plate reader. A plate reader must be 14 approved by a specified state procurement team that must vet 15 the vendor and plate reader systems. The bill requires certain 16 provisions be included in any contract to use a plate reader. 17 The bill requires a warrant to search a plate reader, with 18 exceptions provided in the bill. Additionally, the bill 19 regulates plate reader data retention and data disclosure, 20 and requires recordkeeping, local policies for using a plate 21 reader, reports to the department of public safety and to the 22 governor and general assembly, and information about the use of 23 plate readers to be publicized. The bill places restrictions 24 on how plate readers may be used and regulates law enforcement 25 officers stopping a vehicle based solely on plate reader 26 alerts. 27 A person who willfully and intentionally queries, accesses, 28 or uses a plate reader in violation of the bill, or who 29 willfully and intentionally sells, shares, or disseminates 30 plate reader data or audit trail data in violation of the 31 bill, commits a serious misdemeanor. A serious misdemeanor is 32 punishable by confinement for no more than one year and a fine 33 of at least $430 but not more than $2,560. 34 The bill regulates the admissibility of evidence obtained 35 -11- LSB 6657HV (1) 91 th/ns 11/ 12

H.F. 2701 by a plate reader, requires a vendor to notify law enforcement 1 agencies regarding requests for access to the vendor’s plate 2 reader, and requires law enforcement agencies to promote public 3 awareness of the use of plate readers. 4 The bill does not apply to an automated traffic law 5 enforcement system used to enforce parking regulations, speed 6 limits, toll requirements, high-occupancy vehicle requirements, 7 or on-road emissions monitoring. 8 -12- LSB 6657HV (1) 91 th/ns 12/ 12