Senate Bill S211

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

                                   211

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

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-d to read as follows:
  S  1111-D.  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-
LISH  LIABILITY  UNDER  THIS SECTION OR COLLECT PAYMENT OF PENALTIES; OR

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

                                                           LBD00304-01-3

S. 211                              2

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.