HB 3192

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 3192
                           103RD GENERAL ASSEMBLY
                           INTRODUCED BY REPRESENTATIVE BOSLEY.
 6625H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To amend chapter 590, RSMo, by adding thereto one new section relating to automatic
       license plate recognition systems, with penalty provisions.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
         Section A. Chapter 590, RSMo, is amended by adding thereto one new section, to be
2 known as section 590.1125, to read as follows:
         590.1125. 1. The provisions of this section shall be known as the "Missouri
2 Automatic License Plate Reader Regulation Act".
32. For purposes of this section, the following terms mean:
4(1) "Automatic license plate recognition system" or "ALPR system", any device
5 or software that automatically captures, stores, or analyzes images of motor vehicle
6 license plates and associated data;
7(2) "Automatic license plate system recognition data" or "ALPR system data",
8 any image, record, or metadata captured or generated by an ALPR system;
9(3) "Law enforcement agency", any state, county, or municipal law enforcement
10 entity, including the Missouri state highway patrol;
11(4) "Personally identifiable information", includes any data that can be used to
12 identify a specific person, vehicle owner, or vehicle operator.
133. A law enforcement agency shall use an automatic license plate recognition
14 system only for the following purposes:
15(1) During a criminal investigation when there is reasonable suspicion that a
16 crime has been, is being, or is about to be committed;
 EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
 intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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17(2) For active investigations involving missing or endangered persons including,
18 but not limited to, amber alerts or silver alerts; and
19(3) To receive automated alerts regarding missing or endangered persons, stolen
20 vehicles, or stolen license plates.
214. ALPR systems shall not be used for general surveillance, immigration
22 enforcement, civil code enforcement, or monitoring persons engaged in lawful activity.
235. (1) No ALPR system shall be installed on a state highway right-of-way
24 without approval of the proposed location of the device from the department of
25 transportation based on road safety.
26(2) No ALPR system shall be installed on a right-of-way controlled by a city,
27 town, or village without approval of the proposed location of the device from the road
28 department of such city, town, or village based on road safety.
296. ALPR system data collected under this section shall be destroyed no later than
30 thirty days after collection unless:
31(1) The data is relevant to an ongoing criminal investigation; or
32(2) The data is associated with an active missing or endangered person alert.
33
34 Any such data retained beyond thirty days shall be reviewed every ninety days and
35 destroyed when retention is no longer necessary.
367. Beginning January 1, 2027, all law enforcement agencies using ALPR systems
37 shall:
38(1) Record whether any traffic stop or detention was initiated based on ALPR
39 system data;
40(2) Document the reason the ALPR system alert was generated; and
41(3) Submit an annual report to the Missouri state highway patrol, with
42 personally identifiable information redacted, containing information on the:
43(a) Number of scans conducted;
44(b) Number of alerts generated;
45(c) Types of cases involved; and
46(d) Number of arrests or recoveries resulting from ALPR system use.
47
48 The Missouri state highway patrol shall compile and publish a statewide annual
49 summary based on data contained in the reports submitted.
508. The information technology services division of the office of administration
51 shall:
52(1) Establish standards for cybersecurity, data protection, and accuracy; and
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53(2) Maintain and publish a publicly accessible list of approved ALPR system
54 vendors and ALPR systems.
559. No agency shall procure or operate an ALPR system that is not on the list
56 established under subdivision (2) of subsection 8 of this section.
5710. The joint committee on the justice system shall review the effectiveness of
58 ALPR system use and assess the impact of such use on civil liberties and shall report
59 such findings to the general assembly by November 1, 2027, and shall report findings
60 every two years thereafter.
6111. Any person who knowingly:
62(1) Accesses ALPR system data without authorization;
63(2) Uses ALPR system data for personal, political, or commercial purposes; or
64(3) Discloses ALPR system data in violation of this section
65
66 shall be guilty of a class A misdemeanor for a first offense and a class E felony for a
67 second or subsequent offense.
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