HOUSE BILL No. 5863

 

September 30, 2014, Introduced by Rep. McMillin and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

(MCL 257.1 to 257.923) by adding section 822.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 822. (1) As used in this section, "registration plate

 

reading device" means a device that uses automated high-speed

 

camera and optical character recognition technology to passively

 

read motor vehicle registration plate information, that immediately

 

compares that information against other information contained

 

within or accessible to the device, that sends an audible or visual

 

alert when data are determined by the device to be relevant, and

 

that stores registration plate information that has been read for a


 

prescribed period of time.

 

     (2) The use of registration plate reading devices is

 

restricted to local, county, and state law enforcement officers who

 

may only use the devices subject to the following conditions and

 

limitations:

 

     (a) A registration plate reading device shall be installed for

 

the sole purpose of recording and checking motor vehicle

 

registration plate information and shall not be capable of

 

photographing or recording or producing images of the occupants of

 

a motor vehicle.

 

     (b) The authority to obtain and issue registration plate

 

reading devices and to administer a documented training process for

 

the operation of those devices in compliance with federal and state

 

laws and regulations and other appropriate legal mandates shall be

 

vested in the head of the law enforcement agency or his or her

 

designee. Only devices authorized by the head of the law

 

enforcement agency or his or her designee shall be approved for use

 

by the officers of that agency. All registration plate reading

 

devices shall be maintained in accordance with the manufacturer's

 

recommendations and with the requirements of this section.

 

     (c) Before using a registration plate reading device, the law

 

enforcement agency intending to use the device shall register it

 

with the department of state police on forms approved by the

 

department of state police for that purpose and must certify on

 

those forms that the device meets all the requirements of this

 

section, that the agency has a policy in effect governing the use

 

of that device, and that the agency has a documented training


 

process for all of the officers who will use that device.

 

     (d) A law enforcement agency shall ensure that data is entered

 

into each registration plate reading device used by that law

 

enforcement agency on a daily basis to ensure that all information

 

in the device is kept current. Officers who become aware during

 

their shifts that new bulletins are issued or existing bulletins

 

are canceled shall manually enter that information into the

 

registration plate reading device if necessary to keep the

 

information current. Partial registration plate information

 

reported as a result of serious crimes may be entered into a

 

registration plate reading device to assist in identifying a

 

vehicle that is suspected to have been used in connection with the

 

crime.

 

     (e) A registration plate reading device and all information

 

obtained through a registration plate reading device shall be used

 

only for official law enforcement purposes. A registration plate

 

reading device shall only be used to scan, detect, and identify

 

registration plate information that appears on a list or a

 

broadcast relating to 1 or more of the following:

 

     (i) A stolen vehicle.

 

     (ii) A vehicle believed to be operated or occupied by a wanted,

 

missing, or endangered person.

 

     (iii) An individual who has failed to appear in court as

 

required by the court.

 

     (iv) An individual who has a criminal warrant pending or in

 

effect.

 

     (v) An individual whose driver license, driving privilege, or


 

vehicle registration is suspended or revoked.

 

     (vi) An individual who is suspected of committing a criminal or

 

terrorist act, who is transporting a stolen item or contraband, or

 

who has committed a motor vehicle violation.

 

     (vii) Commercial vehicle operation and enforcement.

 

     (viii) Investigative surveillance in a specific criminal case.

 

     (ix) Canvassing registration plate information that is relevant

 

to a homicide, shooting, or other major crime or incident.

 

     (x) Determining any default of a fine imposed for violating a

 

parking ordinance.

 

     (f) A positive match by a registration plate reading device

 

constitutes reasonable grounds for a law enforcement officer to

 

stop the vehicle and temporarily detain the vehicle and its

 

occupants to confirm or dispel the information provided through the

 

registration plate reading device.

 

     (g) Before stopping a vehicle based on a registration plate

 

reading device alert, the officer shall attempt to visually verify

 

that the registration information on the list matches the digital

 

image displayed on the registration plate reading device. If it

 

matches, the officer may initiate a query of the national crime

 

information center (NCIC) database.

 

     (h) All records of registration plate information read by each

 

registration plate reading device shall be purged from the system

 

within 2 hours after the end of the shift unless the record is for

 

an alert that resulted in an arrest, a citation, or protective

 

custody, or is for an alert that confirmed that a vehicle was the

 

subject of a missing person or wanted broadcast, in which case the


 

information regarding that registration plate may be retained until

 

the case is finally disposed of by the court.

 

     (i) Access to registration plate information maintained under

 

this section shall only be allowed on a case-by-case basis and for

 

legitimate law enforcement investigative, prosecution, or audit

 

verification purposes only. All inquiries of registration plate

 

information maintained under this section shall be recorded for

 

purposes of an audit and shall be maintained by the law enforcement

 

agency in the same manner as criminal history logs. Information

 

maintained under this section is not subject to disclosure under

 

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (3) To ensure compliance with this section or to investigate

 

complaints of misuse of registration plate reading devices, the

 

attorney general or a designee of the attorney general, including

 

any county prosecuting attorney or law enforcement officer acting

 

at the request of the attorney general, may examine and audit any

 

registration plate reading device, a server used to store

 

information obtained through registration plate reading devices,

 

and any records pertaining to the use of registration plate reading

 

devices maintained by any state, county, or local law enforcement

 

agency. The attorney general may seek an injunction banning the use

 

of registration plate reading devices by any agency found to have

 

used a registration plate reading device in repeated violation of

 

this section and requiring the confiscation of all registration

 

plate reading devices owned or maintained by that agency if the

 

attorney general considers it necessary to prevent ongoing

 

violations or to deter future violations of this subsection by that


 

agency.