Senate File 2350 - Introduced SENATE FILE 2350 BY PETERSEN , BISIGNANO , HARDMAN , DONAHUE , DOTZLER , WEINER , and WINCKLER A BILL FOR An Act relating to the use of automatic registration plate 1 readers, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5858XS (6) 91 th/ns
S.F. 2350 Section 1. Section 321P.4, Code 2026, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 01. a. A person shall not use an automated 3 registration plate reader to search for or access an image of a 4 vehicle registration plate or any accompanying data captured by 5 the plate reader unless all of the following are true: 6 (1) The person is a law enforcement officer with supervisory 7 duties. 8 (2) A magistrate has issued a search warrant for the 9 specific registration plate number or vehicle. 10 b. A person who uses a plate reader shall record each time 11 the person used the plate reader in a records log. The person 12 must provide a detailed reason for using the plate reader, an 13 associated case number, and the number of plate reader cameras 14 the person searched. The agency using a plate reader shall 15 maintain the records log. 16 NEW SUBSECTION . 2A. a. If an automatic registration plate 17 reader is programmed to create an alert when the plate reader 18 identifies a particular registration plate number or vehicle, a 19 law enforcement officer shall review the list of registration 20 plate numbers and vehicles that the automatic registration 21 plate reader is programmed to identify and shall verify the 22 list does not include a registration plate number or vehicle 23 for which there is no probable cause to identify. 24 b. A person who uses a plate reader to compare registration 25 plate data with hotlist data to determine whether an image or 26 other data captured by a plate reader is relevant and material 27 to an investigation must update the plate reader alert system 28 and hotlist in real time, at the beginning of each shift, or 29 whenever such updates are available. 30 NEW SUBSECTION . 2B. A person shall not provide access to an 31 automatic registration plate reader or a copy of an image of a 32 vehicle registration plate captured by a plate reader, or any 33 other accompanying data, to a nongovernmental third party in 34 this state, or to a third party outside of this state, unless a 35 -1- LSB 5858XS (6) 91 th/ns 1/ 4
S.F. 2350 search warrant has been issued for the specific registration 1 plate and accompanying data or unless ordered by a court. 2 NEW SUBSECTION . 2C. The operator of an automatic 3 registration plate reader shall create and maintain a 4 transparency portal. A transparency portal must provide public 5 access to review key facts about the use of a plate reader, 6 including all of the following: 7 a. A list of examples the plate reader is designed and 8 programmed to detect. 9 b. A list of examples the plate reader is designed or 10 programmed to not detect. 11 c. Prohibited uses of the plate reader. 12 d. Registration plate image and associated data retention 13 statistics. 14 e. The number of plate readers in operation. 15 f. The number of vehicles and registration plates scanned. 16 g. The number of times a plate reader is accessed to conduct 17 a search. 18 h. The records log required to be used under subsection 01, 19 paragraph “b” . 20 NEW SUBSECTION . 2D. The department of transportation 21 shall adopt rules pursuant to chapter 17A relating to audits 22 of automatic registration plate readers to ensure local 23 authorities are complying with this section. The rules must 24 provide for audits to be performed regularly and must provide 25 for audits on the use of specific plate readers and the use of 26 plate readers generally across the state. 27 Sec. 2. Section 321P.4, subsections 1, 3, and 4, Code 2026, 28 are amended to read as follows: 29 1. The operator of an automatic registration plate reader 30 or any associated data storage device shall permanently delete 31 from the plate reader and storage device, as applicable, every 32 image of a vehicle registration plate captured by the plate 33 reader, and any other accompanying data, no later than thirty 34 seven days after the image was captured. 35 -2- LSB 5858XS (6) 91 th/ns 2/ 4
S.F. 2350 3. For purposes of this section , “automatic : 1 a. “Automatic registration plate reader” or “plate reader” 2 means a camera or other optical device designed or programmed 3 to automatically detect a vehicle’s registration plate, or 4 to automatically capture or store an image of a vehicle’s 5 registration plate and any accompanying data. 6 b. “Hotlist” means a database of compiled registration 7 plate characters and other vehicle identifying information 8 that is maintained in a manner that ensures the information 9 is and remains accurate, relevant, timely, and complete. The 10 information in a hotlist must be limited to particular vehicles 11 or persons associated with a particular vehicle deemed relevant 12 and material to an ongoing criminal enforcement effort or a 13 missing person investigation. 14 c. “Transparency portal” means a publicly accessible 15 internet site hosted by the operator of an automatic 16 registration plate reader or by the manufacturer of the 17 automatic registration plate reader. 18 4. A person who violates subsection 01, 1 , 2A, 2B, or 2C 19 commits a simple misdemeanor. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 Under current law, the operator of an automatic registration 24 plate reader (plate reader) is required to permanently delete 25 every image of a vehicle registration plate captured by the 26 plate reader, and any other accompanying data, within 30 days 27 after the image was captured. Prior to deletion from the plate 28 reader, a law enforcement agency is authorized to copy and 29 store an image of a vehicle registration plate captured by a 30 plate reader, and any other accompanying data, if the image and 31 data are relevant to an ongoing criminal case or investigation. 32 Copies maintained by a law enforcement agency are not required 33 to be deleted, but the law enforcement agency must maintain 34 the copies in accordance with the agency’s evidence retention 35 -3- LSB 5858XS (6) 91 th/ns 3/ 4
S.F. 2350 policies. A person who violates the deletion requirement 1 commits a simple misdemeanor. A simple misdemeanor is 2 punishable by confinement for no more than 30 days and a fine 3 of at least $105 but not more than $855. 4 This bill further regulates the operation of plate readers, 5 including by reducing the retention period from 30 days to 7 6 days, prohibiting certain uses, restricting access, limiting 7 the sharing of data, and providing for public oversight and 8 audits regarding the use of plate readers. A person who uses 9 or accesses a plate reader in violation of the bill commits a 10 simple misdemeanor. 11 -4- LSB 5858XS (6) 91 th/ns 4/ 4