Reasonable Policies on Automated License Plate Readers Act

Reasonable Policies on Automated License Plate Readers Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit assistance under the Edward Byrne Memorial Justice Assistance Grant Program or the Public Safety and Community Policing grant program to a law enforcement agency that uses an automated license plate reader unless the agency has developed written and binding policies for the use of the reader that ensure that data collected by the reader: (1) is not stored for a period exceeding 30 days unless the data is being used in an active law enforcement investigation; (2) is not stored in a statewide database or other database that consolidates data from such readers; and (3) is shared with an entity other than the agency that operates it only if the entity is another law enforcement agency, the data is to be used in an active law enforcement investigation, and the data is provided in response to a specific request for the data.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6302 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6302

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  prohibit funding under the Edward Byrne Memorial Justice Assistance 
   grant program and the Public Safety and Community Policing grant 
  program to be provided to law enforcement agencies that use license 
            plate readers unless certain conditions are met.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2012

 Mr. Capuano introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  prohibit funding under the Edward Byrne Memorial Justice Assistance 
   grant program and the Public Safety and Community Policing grant 
  program to be provided to law enforcement agencies that use license 
            plate readers unless certain conditions are met.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reasonable Policies on Automated 
License Plate Readers Act''.

SEC. 2. FUNDING UNDER EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 
              PROGRAM AND PUBLIC SAFETY AND COMMUNITY POLICING GRANT 
              PROGRAM PROHIBITED FOR USE BY LAW ENFORCEMENT AGENCIES 
              THAT USE LICENSE PLATE READERS UNLESS CERTAIN CONDITIONS 
              MET.

    (a) Restriction Under Edward Byrne Memorial Justice Assistance 
Grant Program.--Section 501(d) of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by adding at the end the following new 
paragraph:
            ``(3) Any funds or other assistance to a law enforcement 
        agency that uses an automated license plate reader, unless such 
        law enforcement agency has developed written and binding 
        policies for the use of the reader that ensure data collected 
        by the reader--
                    ``(A) is not stored for a period exceeding 30 days 
                unless the data is being used in an active law 
                enforcement investigation;
                    ``(B) is not stored in a statewide database or 
                other database that consolidates data from such 
                readers; and
                    ``(C) is shared with an entity other than the law 
                enforcement agency that operates the reader only if--
                            ``(i) the entity is another law enforcement 
                        agency;
                            ``(ii) the data is to be used in an active 
                        law enforcement investigation; and
                            ``(iii) the data is provided in response to 
                        a specific request for the data.''.
    (b) Restriction Under Public Safety and Community Policing Grant 
Program.--Section 1701 of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended--
            (1) in subsection (b), by striking ``The purposes'' and 
        inserting ``Subject to subsection (l), the purposes''; and
            (2) by adding at the end the following new subsection:
    ``(l) Prohibited Use.--Notwithstanding any other provision of this 
Act, no funds provided under this part may be provided to or used, 
directly or indirectly, by a law enforcement agency that uses an 
automated license plate reader, unless such law enforcement agency has 
developed written and binding policies for the use of the reader that 
ensure data collected by the reader--
            ``(1) is not stored for a period exceeding 30 days unless 
        the data is being used in an active law enforcement 
        investigation;
            ``(2) is not stored in a statewide database or other 
        database that consolidates data from such readers; and
            ``(3) is shared with an entity other than the law 
        enforcement agency that operates the reader only if--
                    ``(A) the entity is another law enforcement agency;
                    ``(B) the data is to be used in an active law 
                enforcement investigation; and
                    ``(C) the data is provided in response to a 
                specific request for the data.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to funds provided for grant periods beginning on or 
after the date that is 90 days after the date of the enactment of this 
Act.
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