S 447

South Carolina General Assembly
126th Session, 2025-2026
Bill 447
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Committee Report
April 9, 2026
S. 447
Introduced
by Senator Adams
S. Printed 4/9/26--S.
Read the first time March 12, 2025
________
The committee on Senate Judiciary
To whom was referred a Bill (S. 447) to amend
the South Carolina Code of Laws by adding Section 23-1-235 so as to define
terms related to license plate reader systems, to provide that only certain
entities, etc., respectfully
Report:
That they have duly and carefully considered
the same, and recommend that the same do pass:
LUKE RANKIN for
Committee.
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
23-1-235 SO AS TO DEFINE TERMS RELATED TO LICENSE PLATE READER SYSTEMS, TO
PROVIDE THAT ONLY CERTAIN ENTITIES MAY USE AN AUTOMATIC LICENSE PLATE READER
SYSTEM, AND TO PROVIDE GUIDELINES FOR THE WAYS IN WHICH INFORMATION OBTAINED
THROUGH THE SYSTEM MAY BE USED BY LAW ENFORCEMENT; AND BY ADDING SECTION
57-3-786 SO AS TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO PERMIT CERTAIN
CAMERAS USED BY GOVERNMENTAL ENTITIES ON NON-INTERSTATE HIGHWAY RIGHTS-OF-WAY.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 1, Title 23 of the S.C. Code is amended by
adding:
    Section
23-1-235.  (A) As used in this
section:
       (1)
"Alert" means a notification generated by an automatic license plate reader
system indicating that a vehicle passed an automatic license plate reader
system camera with a license plate or vehicle characteristics that match data
held by the National Crime Information Center or other database or hot list.
       (2)
"Automatic license plate reader system" means a system of one or more automated
high-speed cameras used in combination with data processing to convert images
of vehicles and license plates into computer-readable data.
       (3)
"Governmental entity" means a lawfully created branch, department, agency, or
authority of the state, county, or local government.
       (4)
"Hot list" means a list of license plates or vehicle characteristics against
which vehicles passing by automatic license plate reader system cameras are
checked for matches.
       (5)
"License plate reader data" means the global positioning device coordinates,
date and time, photograph, license plate number, and vehicle characteristics
captured by an automatic license plate reader system.
       (6)
"Secured area" means an area enclosed by clear boundaries to which access is or
can be limited.
       (7)
"SLED" means the South Carolina Law Enforcement Division.
    (B)
Except as provided in subsection (D), it is unlawful for an individual, entity,
partnership, corporation, association, or this State, its agencies, and
political subdivisions to use an automatic license plate reader system.
    (C) Any
person who knowingly requests, uses, obtains, or attempts to obtain captured
license plate data of a law enforcement agency under false pretenses or for any
purpose other than those set forth in subsection (D) is guilty of a misdemeanor
and, upon conviction, must be fined not more than one thousand dollars and
imprisoned not more than two years.
    (D) An
automatic license plate reader system may be used:
       (1)
by a state, county, or municipal law enforcement agency for the comparison of
license plate data held by the National Crime Information Center or other
database or hot list, and for other law enforcement or criminal justice
purposes, including the operation and maintenance of an automatic license plate
reader database by SLED;
       (2)
to regulate parking;
       (3)
to control access to secured areas;
       (4)
to promote public safety, deter crime, or address property theft and organized
retail crime in coordination with law enforcement; or
       (5)
by the Department of Public Safety and the Department of Transportation or its
agents to collect tolls and to provide for the efficient and safe movement of
vehicles on state highways.
    (E)
License plate reader data obtained for the purposes described under this
section must not be shared for any other purpose.
    (F)
Prior to the use of an automatic license plate reader system, a law enforcement
agency must adopt and make publicly available a written policy governing the
use of the automatic license plate reader system that includes, at a minimum:
       (1)
supervisory oversight of the automatic license plate reader system;
       (2)
training protocol for automatic license plate reader system users;
       (3)
protocol for ensuring hot lists stay up to date;
       (4)
rules for access to and security of license plate reader data;
       (5)
rules for retention and destruction of license plate reader data; and
       (6)
an audit schedule and process to ensure that the system is used in accordance
with this section and agency policy.
    (G) A
law enforcement agency using an automatic license plate reader system must
comply with the following:
       (1)
Upon receipt of an alert and prior to performing a traffic stop, an officer,
dispatcher, or other law enforcement agency employee must visually confirm that
the scanned plate matches the alert with regard to plate letters, numbers, and
issuing state and confirm that the stop is lawful.
       (2)
Any license plate or vehicle added to a hot list in order to trigger an alert
and any search performed of license plate reader data must be supported by a
documented law enforcement purpose.
       (3)
Access logs for the automatic license plate reader system must be maintained to
provide a clear audit trail for oversight and accountability purposes.
       (4)
License plate reader data obtained by law enforcement shall not be preserved
for more than ninety days unless it is part of an ongoing investigation.
       (5)
License plate reader data retained by law enforcement as part of an ongoing
investigation must be retained and destroyed in accordance with all applicable
records laws.
    (H) A
governmental entity authorized to use an automatic license plate reader system
under this section shall not sell license plate reader data for any purpose.
SECTION 2.  Chapter 3, Title 57 of the S.C. Code is amended by
adding:
    Section
57-3-786.  (A) As used in this
section:
       (1)
"Camera" is a device that captures and records still images or video and
includes an automatic license plate reader system as defined in Section
23-1-235. For the purposes of this section, camera means one that is used by a
governmental entity.
       (2)
"Non-interstate highway rights-of-way" are the public ways being maintained by
the South Carolina Department of Transportation, excluding interstates.
    (B)
The Department of Transportation shall establish a permitting process for the
installation of cameras on non-interstate highway rights-of-way.
SECTION 3.  This act takes effect upon approval
by the Governor.
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