Read the full stored bill text
House
File
2161
-
Introduced
HOUSE
FILE
2161
BY
JONES
,
LAWLER
,
and
YOUNG
A
BILL
FOR
An
Act
relating
to
the
use
of
automatic
registration
plate
1
readers,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321P.4,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
01.
A
person
shall
not
use
an
automatic
3
registration
plate
reader
in
a
local
authority
unless
the
4
governing
body
of
the
local
authority
has
adopted
an
ordinance
5
authorizing
the
use
of
a
plate
reader
in
the
local
authority.
6
NEW
SUBSECTION
.
001.
A
person
shall
not
access
an
image
of
7
a
vehicle
registration
plate,
or
any
other
accompanying
data,
8
captured
by
an
automatic
registration
plate
reader
more
than
9
twenty-four
hours
after
the
image
or
data
was
captured
unless
10
a
magistrate
has
issued
a
search
warrant
for
the
specific
11
registration
plate
number
or
vehicle
or
a
county
attorney
has
12
issued
a
subpoena
for
the
specific
registration
plate
number
13
or
vehicle.
After
a
search
warrant
or
subpoena
is
issued,
a
14
person
may
copy
and
store
a
registration
plate
image
and
any
15
accompanying
data
in
accordance
with
subsection
2.
A
search
16
warrant
or
subpoena
is
not
required
under
this
subsection
in
17
any
of
the
following
circumstances:
18
a.
When
the
owner
of
a
vehicle
gives
voluntary
consent
19
authorizing
the
operator
of
a
plate
reader
to
access
an
image
20
or
accompanying
data
of
the
owner’s
vehicle.
21
b.
When
the
owner
of
a
vehicle
files
a
report
with
a
law
22
enforcement
agency
attesting
that
the
vehicle
is
lost
or
23
stolen.
24
c.
When
exigent
circumstances
make
it
impractical
to
obtain
25
a
search
warrant
or
subpoena
before
the
exigency
expires.
26
d.
When
searching
for
evidence
related
to
an
emergency
alert
27
to
the
public
that
a
child
has
been
abducted
and
is
believed
to
28
be
in
danger
of
serious
bodily
harm
or
death,
commonly
referred
29
to
as
an
amber
alert.
30
e.
When
searching
for
evidence
related
to
a
violation
of
31
section
710A.2.
32
NEW
SUBSECTION
.
2A.
A
person
who
accesses
an
image
of
a
33
vehicle
registration
plate,
or
any
other
accompanying
data,
34
captured
by
an
automatic
registration
plate
reader
shall
35
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record
the
person’s
access
in
a
records
log
maintained
by
the
1
local
authority
that
authorized
the
use
of
the
plate
reader.
2
A
person
shall
not
provide
a
copy
of
an
image
of
a
vehicle
3
registration
plate
captured
by
an
automatic
registration
plate
4
reader,
or
any
other
accompanying
data,
to
a
nongovernmental
5
third
party
in
this
state
or
to
a
third
party
outside
of
this
6
state.
7
NEW
SUBSECTION
.
2B.
A
person
shall
not
use
an
automatic
8
registration
plate
reader
that
is
able
to
recognize
or
identify
9
a
person
based
on
a
photograph
or
recording
of
the
person’s
10
face
captured
by
the
plate
reader.
A
person
who
uses
a
plate
11
reader
shall
not
use
software
designed
to
recognize
or
identify
12
a
person
based
on
a
photograph
or
recording
of
the
person’s
13
face
captured
by
the
plate
reader.
14
NEW
SUBSECTION
.
2C.
A
person
shall
not
place
an
automatic
15
registration
plate
reader
directed
at
a
church,
synagogue,
or
16
other
established
place
of
religious
worship.
17
Sec.
2.
Section
321P.4,
subsection
4,
Code
2026,
is
amended
18
to
read
as
follows:
19
4.
a.
A
person
who
violates
subsection
01,
001,
1
,
or
2C
20
commits
a
simple
misdemeanor.
21
b.
A
person
who
violates
subsection
2A
or
2B
commits
22
unauthorized
computer
access
in
violation
of
section
716.6B,
23
subsection
1,
paragraph
“a”
.
24
Sec.
3.
Section
716.6B,
subsection
1,
paragraph
a,
Code
25
2026,
is
amended
to
read
as
follows:
26
a.
An
aggravated
misdemeanor
if
computer
data
is
accessed
27
that
contains
a
confidential
record,
as
defined
in
section
28
22.7
,
an
image
of
a
vehicle
registration
plate
or
any
other
29
accompanying
data
captured
by
an
automatic
registration
plate
30
reader
in
violation
of
section
321P.4,
subsection
2A
or
2B,
31
operational
or
support
data
of
a
public
utility,
as
defined
32
in
section
476.1
,
operational
or
support
data
of
a
rural
33
water
district
incorporated
pursuant
to
chapter
357A
or
504
,
34
operational
or
support
data
of
a
municipal
utility
organized
35
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pursuant
to
chapter
388
or
389
,
operational
or
support
data
1
of
a
public
airport,
or
a
trade
secret,
as
defined
in
section
2
550.2
.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
Under
current
law,
the
operator
of
an
automatic
registration
7
plate
reader
(plate
reader)
is
required
to
permanently
delete
8
every
image
of
a
vehicle
registration
plate
captured
by
the
9
plate
reader,
and
any
other
accompanying
data,
within
30
days
10
after
the
image
was
captured.
Prior
to
deletion
from
the
plate
11
reader,
a
law
enforcement
agency
is
authorized
to
copy
and
12
store
an
image
of
a
vehicle
registration
plate
captured
by
a
13
plate
reader,
and
any
other
accompanying
data,
if
the
image
and
14
data
are
relevant
to
an
ongoing
criminal
case
or
investigation.
15
Copies
maintained
by
a
law
enforcement
agency
are
not
required
16
to
be
deleted,
but
the
law
enforcement
agency
must
maintain
17
the
copies
in
accordance
with
the
agency’s
evidence
retention
18
policies.
A
person
who
violates
the
deletion
requirement
19
commits
a
simple
misdemeanor.
A
simple
misdemeanor
is
20
punishable
by
confinement
for
no
more
than
30
days
and
a
fine
21
of
at
least
$105
but
not
more
than
$855.
22
This
bill
prohibits
a
person
from
using
a
plate
reader
23
unless
the
governing
body
of
the
local
authority
has
adopted
an
24
ordinance
authorizing
the
use
of
a
plate
reader
in
the
county
25
or
municipality,
as
applicable.
A
person
who
violates
this
26
provision
commits
a
simple
misdemeanor.
27
The
bill
prohibits
a
person
from
accessing
an
image
of
a
28
vehicle
registration
plate
captured
by
a
plate
reader,
or
any
29
other
accompanying
data,
more
than
24
hours
after
the
image
30
or
data
was
captured
unless
a
magistrate
has
issued
a
search
31
warrant
for
the
specific
registration
plate
number
or
vehicle
32
or
a
county
attorney
has
issued
a
subpoena
for
the
specific
33
registration
plate
number
or
vehicle.
The
bill
provides
34
exceptions
to
the
search
warrant
or
subpoena
requirement
when
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2161
the
owner
of
a
vehicle
gives
voluntary
consent,
when
the
1
vehicle
is
lost
or
stolen,
when
exigent
circumstances
exist,
2
when
searching
for
evidence
related
to
an
amber
alert,
or
when
3
searching
for
evidence
related
to
human
trafficking.
A
person
4
who
violates
this
provision
commits
a
simple
misdemeanor.
5
The
bill
requires
a
person
who
accesses
an
image
of
a
vehicle
6
registration
plate,
or
any
other
accompanying
data,
captured
by
7
a
plate
reader
to
record
the
person’s
access
in
a
records
log
8
maintained
by
the
local
authority
that
authorized
the
use
of
9
the
plate
reader,
and
prohibits
a
person
from
providing
a
copy
10
of
an
image
of
a
vehicle
registration
plate
captured
by
a
plate
11
reader,
or
any
other
accompanying
data,
to
a
nongovernmental
12
third
party
in
Iowa
or
to
a
third
party
outside
of
Iowa.
A
13
person
is
prohibited
from
using
a
plate
reader
that
is
able
14
to
recognize
or
identify
a
person
based
on
a
photograph
or
15
recording
of
the
person’s
face
captured
by
the
plate
reader
16
and
from
using
software
designed
to
recognize
or
identify
a
17
person
based
on
a
photograph
or
recording
of
the
person’s
face
18
captured
by
the
plate
reader.
A
person
who
violates
these
19
provisions
commits
unauthorized
computer
access,
in
violation
20
of
Code
section
716.6B(1)(a),
an
aggravated
misdemeanor.
An
21
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
22
than
two
years
and
a
fine
of
at
least
$855
but
not
more
than
23
$8,540.
24
The
bill
prohibits
a
plate
reader
from
being
placed
and
25
directed
at
a
church,
synagogue,
or
other
established
place
26
of
religious
worship.
A
person
who
violates
this
provision
27
commits
a
simple
misdemeanor.
28
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