Revision: Dec. 12, 2023, 3:03 p.m.
SB 428-FN-A - AS INTRODUCED
2024 SESSION
24-2950
12/05
SENATE BILL 428-FN-A
AN ACT relative to the use of automated license plate readers by law enforcement officers.
SPONSORS: Sen. Ricciardi, Dist 9; Sen. Fenton, Dist 10; Sen. Watters, Dist 4
COMMITTEE: Transportation
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ANALYSIS
This bill defines the appropriate use of automated license plate readers by law enforcement officers. The bill also makes an appropriation to the department of safety for digital automatic programming interface to connect data from the division of motor vehicles to the state police.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2950
12/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the use of automated license plate readers by law enforcement officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Plate Scanning Devices; Regulations. Amend RSA 261:75-b, IV through VIII to read as follows:
IV. The law enforcement agency shall ensure that data entered into the LPR through a hard link or wireless upload on a daily basis for the purpose of making deletions and additions to keep current the lists against which the device is scanning. Officers shall make manual changes to the list during their shifts when they become aware that new bulletins are issued or bulletins are canceled. Partial plate numbers or characters reported as a result of [serious crimes] vehicles involved in or connected with any class A or B felony, class A misdemeanor, and driving while intoxicated or vehicles associated with missing persons including children may be entered into the LPR in an attempt to identify suspected vehicles used in connection with the crime.
V. LPR operation and access to LPR collected data shall be for official law enforcement purposes only. LPR devices shall only be used to scan, detect, and identify license plate numbers for the purpose of identifying:
(a) Stolen vehicles.
(b) Vehicles associated with wanted, missing, or endangered persons.
(c) Vehicles registered to a person against whom there is an outstanding warrant.
(d) Vehicles registered to persons whose drivers' licenses, driving privileges, or vehicle registrations are under suspension or revocation.
(e) Vehicles registered to persons suspected of criminal or terrorist acts, transportation of stolen items or contraband, or motor vehicle violations.
(f) Vehicles in violation of commercial trucking requirements.
(g) Vehicles involved in case-specific criminal investigative surveillance.
(h) Vehicles involved in homicides, shootings, and other major crimes or incidents.
(i) Vehicles in the vicinity of a recent crime that may be connected to the crime.
VI. [A positive match by an LPR device alone shall not constitute reasonable suspicion as grounds for a law enforcement officer to stop the vehicle.] The officer shall [develop independent reasonable suspicion for the stop or immediately confirm] visually confirm that the license plate on the vehicle matches the image of the license plate displayed on the LPR and confirm by other means that the license plate number is on one of the lists specified in paragraph V.
[VII. Prior to stopping a vehicle based on an LPR alarm, the officer shall attempt to visually verify that the number plate on the list matches the digital image displayed on the LPR. If it matches the alarm it shall be accepted and the officer shall initiate a query of the National Crime Information Center (NCIC) database.
VIII.] VII. Records of number plates read by each LPR shall not be recorded or transmitted anywhere and shall be purged from the system within [3 minutes] 180 days of their capture in such a manner that they are destroyed and are not recoverable, unless an alarm resulted in an arrest, a citation, or protective custody, or identified a vehicle that was the subject of a missing person or wanted broadcast, in which case the data on the particular number plate may be retained until final court disposition of the case. Captured license plate data obtained for the purposes described in paragraph V shall not be used or shared for any other purpose.
2 Appropriation; Department of Safety; Digital Automatic Programming Interface. For the purpose of providing a digital automatic programming interface able to provide data from the department of safety, division of motor vehicles, to the state police online telecommunication system regarding identification of vehicles and persons whose license and/or registration privileges are suspended or revoked and other data consistent with this act, the sum necessary to support such digital interface and programming is hereby appropriated to the department of safety for the biennium ending June 30, 2025. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
3 Effective Date. This act shall take effect July 1, 2024.
24-2950
12/3/23
SB 428-FN-A- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the use of automated license plate readers by law enforcement officers.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $504,000 | Indeterminable Increase | |||
Funding Source(s) | General Fund | |||||
Appropriations | $0 | Open Ended Appropriation | $0 | $0 | ||
Funding Source(s) | General Fund | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
METHODOLOGY:
This bill defines the appropriate use of automated license plate readers (LPRs) by law enforcement officers and provides an open-ended general fund appropriation in FY 2025 the Department of Safety for digital automatic programming interface to connect data from the Division of Motor Vehicles to the Division of State Police. The Department states the cost for expanding the LPR program potentially could be $2,016 per cruiser. Based on 250 cruisers, this would be approximately $504,000 for initial set up. The Department states costs in FY 2026 and beyond will be less, as they will be limited to new cruisers put into service. This bill provides no funding beyond FY 2025.
AGENCIES CONTACTED:
Department of Safety