By: Hall S.B. No. 91

(In the Senate - Filed November 14, 2016; January 24, 2017, read first time and referred to Committee on Criminal Justice; March 23, 2017, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 1; March 23, 2017, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 91 By: Whitmire

A BILL TO BE ENTITLED

AN ACT

relating to the use of automatic license plate readers by a law enforcement agency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.0094 to read as follows:

Sec. 411.0094. AUTOMATIC LICENSE PLATE READER. (a) In this section, "automatic license plate reader" means a system that reads and records license plate numbers taken from digital photographs.

(b) A law enforcement agency may use an automatic license plate reader.

(c) Images and any related data produced from an automatic license plate reader under Subsection (b) may be used only for the following law enforcement purposes:

(1) investigating a criminal offense; or

(2) investigating a report of a missing person.

(d) All images and data produced from an automatic license plate reader under this section shall be destroyed not later than the first anniversary of the date of collection unless the image or data is evidence in a criminal investigation or prosecution.

(e) The department shall adopt rules as necessary to implement this section.

SECTION 2. This Act takes effect September 1, 2017.

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