HB3289 - Freedom from Automatic License Plate Reader Surveillance Act

• Prohibits use of automatic license plate reader (ALPR) systems by law enforcement except for: toll collection, traffic enforcement, parking regulation, secured area access, criminal investigations, and comparison with law enforcement databases for stolen vehicles, missing persons, and arrest warrants.

• Requires law enforcement agencies using ALPR systems to adopt written policies on system use, privacy protections, audit procedures, and employee training; policies must be posted on agency websites.

• Limits retention of captured plate data to 30 months unless preserved or disclosed under court order, and requires destruction of data within 48 hours for non-investigation uses.

• Establishes that captured plate data cannot be shared, sold, or exchanged for purposes beyond what was authorized for collection and is exempt from disclosure under the Freedom of Information Act unless the individual subject consents in writing.

• Makes captured plate information gathered in violation of the Act presumptively inadmissible in judicial or administrative proceedings unless the State proves applicability of Fourth Amendment exceptions or good faith reliance on exceptions by law enforcement.