Senate Bill S5280

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5280--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to  the  opera-
  tion of traffic-control signal photo violation-monitoring devices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1111-c to read as follows:
  S  1111-C.  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES;
PROHIBITIONS AND PROTECTIONS.   NOTWITHSTANDING ANY OTHER  PROVISION  OF
LAW,  RULE OR REGULATION TO THE CONTRARY, A CITY OR COUNTY AUTHORIZED TO
INSTALL AND OPERATE TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING
DEVICES PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF
THIS  ARTICLE SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF
DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTIFYING INFORMA-
TION MAY BE CAPTURED BY SUCH DEVICES. SUCH  PRIVACY-PROTECTION  MEASURES
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1.  UTILIZATION  OF  NECESSARY  TECHNOLOGIES  TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY  SUCH  TRAFFIC-CONTROL  SIGNAL
PHOTO VIOLATION-MONITORING DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI-
FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE.  HOWEVER,
NO  NOTICE  OF  LIABILITY  ISSUED  PURSUANT  TO  SECTION  ELEVEN HUNDRED
ELEVEN-B OF THIS ARTICLE SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH
OR  PHOTOGRAPHS  ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
CLE, PROVIDED THAT SUCH CITY OR COUNTY HAS MADE A REASONABLE  EFFORT  TO
COMPLY WITH THE PROVISIONS OF THIS SECTION;
  2.  PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLE'S LICENSE PLATE
INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING DEVICES EXCEPT AS REQUIRED  TO  ESTAB-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11664-02-9
              

S. 5280--A                          2

LISH  LIABILITY  UNDER  THIS SECTION OR COLLECT PAYMENT OF PENALTIES; OR
UNLESS AUTHORIZED BY A COURT ORDERED SUBPOENA OR SEARCH  WARRANT  ISSUED
IN  RESPONSE  TO  A REQUEST BY LAW ENFORCEMENT OFFICIALS PERTAINING TO A
SPECIFIC  ACCIDENT  OR SPECIFIC INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR
EXCEPT AS OTHERWISE REQUIRED BY LAW;
  3. DESTRUCTION OF IMAGES OBTAINED BY THE TRAFFIC-CONTROL SIGNAL  PHOTO
VIOLATION-MONITORING  DEVICES  NO  LATER  THAN THIRTY DAYS FROM THE DATE
SUCH IMAGES WERE RECORDED;  OR  IMMEDIATELY  UPON  ADJUDICATION  OF  THE
LIABILITY  AND  PAYMENT  OF FINES, AS PROVIDED IN SECTION ELEVEN HUNDRED
ELEVEN-B OF THIS ARTICLE, IF EITHER EVENT OCCURS LATER THAN THIRTY  DAYS
FROM THE DATE SUCH IMAGES ARE RECORDED;
  4.  THE  DELETION  OF  IDENTIFYING  INFORMATION,  INCLUDING  VEHICLES'
LICENSE PLATE INFORMATION, FROM RECORDS MAINTAINED FOR RESEARCH PURPOSES
OR FOR REPORTING PURPOSES AS DETAILED IN SECTION ELEVEN HUNDRED ELEVEN-B
OF THIS ARTICLE; AND
  5. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH  THE  AFOREMENTIONED
PRIVACY-PROTECTION MEASURES.
  S 2. This act shall take effect immediately.