S T A T E O F N E W Y O R K
________________________________________________________________________
9890
I N S E N A T E
April 13, 2026
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law and the public authorities law,
in relation to automatic license plate reader systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
397-c to read as follows:
§ 397-C. AUTOMATIC LICENSE PLATE READER SYSTEMS. 1. DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
(A) "AUTOMATIC LICENSE PLATE READER SYSTEM" OR "ALPR SYSTEM" SHALL
MEAN A SYSTEM, SOFTWARE, OR COMPUTER ALGORITHM, WHETHER USED INDEPEND-
ENTLY OR IN COMBINATION WITH ONE OR MORE MOBILE OR FIXED AUTOMATED
CAMERAS, USED TO CONVERT IMAGES OF LICENSE PLATES INTO COMPUTER-READABLE
DATA.
(B) "CAPTURED PLATE DATA" SHALL MEAN THE LOCATION, INCLUDING BUT NOT
LIMITED TO GPS COORDINATES, DATE AND TIME, PHOTOGRAPH, LICENSE PLATE
NUMBER, AND ANY OTHER DATA CAPTURED BY, DERIVED FROM, OR INFERRED FROM
AN AUTOMATIC LICENSE PLATE READER SYSTEM, INCLUDING BUT NOT LIMITED TO A
VEHICLE'S MAKE, MODEL, COLOR, BUMPER STICKERS, ROOF RACKS, AND OTHER
CHARACTERISTICS OR FEATURES.
(C) "GOVERNMENT ENTITY" SHALL MEAN THE STATE OF NEW YORK OR ANY
DEPARTMENT, AGENCY, INSTRUMENTALITY, OR POLITICAL SUBDIVISION THEREOF,
OR ANY PERSON, AGENT, ENTITY, OR CONTRACTOR ACTING FOR, ON BEHALF OF, OR
PURSUANT TO A CONTRACT THEREWITH.
(D) "HOT LIST" SHALL MEAN A DATABASE OF LICENSE PLATE NUMBERS AND
OTHER IDENTIFYING INFORMATION REGARDING VEHICLES THAT LAW ENFORCEMENT
REASONABLY BELIEVES ARE RELATED TO AN ONGOING CRIMINAL OR MISSING
PERSONS INVESTIGATION AND THAT (I) WAS CREATED AND MAINTAINED BY A
FEDERAL OR NEW YORK STATE GOVERNMENT AGENCY, (II) OPERATES IN A MANNER
THAT IS FULLY CONSISTENT WITH THE PROVISIONS OF THIS ACT, AND (III) IS
UPDATED FREQUENTLY ENOUGH TO ENSURE THE INFORMATION CONTAINED THEREIN IS
ACCURATE, RELEVANT, TIMELY, AND COMPLETE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15364-01-6
S. 9890 2
(E) "PRIVATELY CAPTURED PLATE DATA" SHALL MEAN CAPTURED PLATE DATA
FROM AN AUTOMATIC LICENSE PLATE READER SYSTEM THAT IS NOT USED OR OPER-
ATED BY, ON BEHALF OF, OR PURSUANT TO A CONTRACT WITH A GOVERNMENT ENTI-
TY.
(F) "SECURED AREA" SHALL MEAN AN AREA, ENCLOSED BY CLEAR BOUNDARIES,
TO WHICH ACCESS IS LIMITED AND NOT OPEN TO THE PUBLIC, AND ENTRY IS
OBTAINABLE ONLY THROUGH SPECIFIC ACCESS-CONTROL POINTS.
2. RESTRICTIONS ON USE. (A) EXCEPT AS PROVIDED FOR IN PARAGRAPH (B) OF
THIS SUBDIVISION, IT SHALL BE UNLAWFUL FOR ANY GOVERNMENT ENTITY TO
OPERATE OR USE AN AUTOMATIC LICENSE PLATE READER SYSTEM OR CAPTURED
PLATE DATA.
(B) AN AUTOMATIC LICENSE PLATE READER SYSTEM AND CAPTURED PLATE DATA
MAY ONLY BE USED BY A GOVERNMENT ENTITY FOR THE FOLLOWING PURPOSES:
(I) FOR THE COMPARISON OF CAPTURED PLATE DATA WITH (1) HOT LIST DATA
OR (2) SPECIFIC VEHICLE PLATE OR OTHER VEHICLE IDENTIFYING INFORMATION
MANUALLY ENTERED INTO THE ALPR SYSTEM TO DETERMINE IF A VEHICLE SCANNED
BY AN ALPR SYSTEM IS RELEVANT AND MATERIAL TO AN INVESTIGATION OF A
VEHICLE THAT:
(A) IS REGISTERED TO AN INDIVIDUAL FOR WHOM THERE IS AN OUTSTANDING
FELONY ARREST WARRANT;
(B) IS UNREGISTERED OR UNINSURED;
(C) CONTAINS A MISSING PERSON OR EVIDENCE OF THE LOCATION OF A MISSING
PERSON;
(D) IS STOLEN; OR
(E) IS CURRENTLY BEING USED IN THE COMMISSION OF A FELONY, OR ESCAPE
THEREAFTER;
(II) TO ENFORCE RESTRICTIONS ON THE USE OF PARKING FACILITIES;
(III) TO CONTROL ACCESS TO SECURED AREAS;
(IV) FOR ELECTRONIC TOLL COLLECTION; OR
(V) TO ENFORCE THE VEHICLE AND TRAFFIC LAW.
3. DATA TRANSFER. (A) NO GOVERNMENT ENTITY SHALL SELL, SHARE, LEASE,
ALLOW OR PROVIDE ACCESS TO, OR TRANSFER CAPTURED PLATE DATA WITH ANY
PERSON OR ENTITY OTHER THAN A NEW YORK STATE GOVERNMENT ENTITY, EXCEPT:
(I) IF REQUIRED BY A FEDERAL JUDICIAL PROBABLE CAUSE WARRANT OR OTHER
VALID FEDERAL JUDICIAL COURT ORDER; OR
(II) IF REQUIRED BY A JUDICIAL PROBABLE CAUSE WARRANT FROM ANOTHER
STATE, BUT ONLY IF THE WARRANT OR COURT ORDER INVOLVES:
(1) AN INVESTIGATION LISTED IN SUBPARAGRAPH (I) OF PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION; AND
(2) THE INVESTIGATION OR PROSECUTION OF AN ACT THAT IS A FELONY UNDER
NEW YORK STATE LAW.
(III) TO CRIMINAL DEFENSE COUNSEL IN A MATTER TO WHICH THE CAPTURED
PLATE DATA PERTAINS;
(IV) IN DISCOVERY IN A CIVIL OR CRIMINAL CASE; OR
(V) PURSUANT TO A FREEDOM OF INFORMATION LAW REQUEST UNDER ARTICLE SIX
OF THE PUBLIC OFFICERS LAW, SUBJECT TO THE LIMITATIONS IN SUBDIVISION
FIVE OF THIS SECTION.
(B) A GOVERNMENT ENTITY MAY PURCHASE, OBTAIN, RECEIVE, OR USE PRIVATE-
LY CAPTURED PLATE DATA ONLY PURSUANT TO A PROBABLE CAUSE WARRANT.
4. DATA RETENTION. (A) CAPTURED PLATE DATA OBTAINED BY A GOVERNMENT
ENTITY SHALL BE DELETED NO LATER THAN FORTY-EIGHT HOURS AFTER BEING
OBTAINED.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, LAWFULLY
CAPTURED PLATE DATA SHALL BE RETAINED FOR LONGER THAN FORTY-EIGHT HOURS:
(I) WHERE REQUIRED UNDER APPLICABLE STATE LAW GOVERNING THE USE, PRES-
ERVATION, AND DISCLOSURE OF EVIDENCE. CAPTURED PLATE DATA RETAINED FOR
S. 9890 3
MORE THAN FORTY-EIGHT HOURS PURSUANT TO THIS SUBPARAGRAPH SHALL BE
DELETED AS SOON AS PRACTICABLE ONCE ITS PRESERVATION IS NO LONGER
PERMITTED OR REQUIRED UNDER THE APPLICABLE STATE LAWS GOVERNING THE USE
AND PRESERVATION OF EVIDENCE;
(II) WHERE THE CAPTURED PLATE DATA IS CAPTURED PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION TWO OF THIS SECTION, SUCH DATA MAY BE RETAINED UNTIL
THE FINE OR FEE IS PAID OR THE ENFORCEMENT MATTER IS FULLY AND FINALLY
ADJUDICATED;
(III) IF REQUESTED BY CRIMINAL DEFENSE COUNSEL IN THE MATTER TO WHICH
THE CAPTURED PLATE DATA PERTAINS;
(IV) IF REQUIRED PURSUANT TO A FEDERAL JUDICIAL WARRANT OR OTHER VALID
COURT ORDER; OR
(V) IF REQUIRED PURSUANT TO A JUDICIAL WARRANT OR OTHER VALID COURT
ORDER ISSUED FROM ANOTHER STATE, BUT ONLY IF THE WARRANT OR COURT ORDER
INVOLVES:
(1) AN INVESTIGATION LISTED IN SUBPARAGRAPH (I) OF PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION; AND
(2) THE INVESTIGATION OR PROSECUTION OF AN ACT THAT IS UNLAWFUL UNDER
THE LAWS OF NEW YORK STATE.
5. FREEDOM OF INFORMATION LAW EXEMPTION. (A) CAPTURED PLATE DATA SHALL
NOT BE CONSIDERED A PUBLIC RECORD FOR THE PURPOSES OF A FREEDOM OF
INFORMATION LAW REQUEST UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE FOLLOWING
SHALL BE CONSIDERED A PUBLIC RECORD FOR THE PURPOSES OF A FREEDOM OF
INFORMATION LAW REQUEST UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW:
(I) AN ALPR SYSTEM'S AUDIT, USE, AND ACCESS LOGS AND DATA; HOWEVER, IN
RESPONDING TO A VALID REQUEST, ANY INDIVIDUAL LICENSE PLATE INFORMATION
OR OTHER VEHICLE-SPECIFIC IDENTIFYING INFORMATION, SUCH AS VEHICLE
PHOTOGRAPHS AND INFORMATION REGARDING A VEHICLE'S MAKE, MODEL, OR COLOR,
SHALL BE REDACTED FROM THE RESPONSIVE DOCUMENTS AND DATA; AND
(II) DATA AND INFORMATION REGARDING A VEHICLE PERSONALLY OWNED OR
LEASED BY A FREEDOM OF INFORMATION LAW REQUESTOR DURING THE PERIOD OF
OWNERSHIP OR LEASE. A REQUEST FOR SUCH INFORMATION SHALL INCLUDE A SWORN
STATEMENT THAT THE REQUESTER IS THE OWNER OR LESSOR OF THE VEHICLE, AND
THAT THE REQUESTER IS NOT SUBJECT TO AN OUTSTANDING ORDER OF PROTECTION
INVOLVING ANY OTHER OWNERS, LESSORS, OR DRIVERS OF THE VEHICLE.
(C) FOR PURPOSES OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SUBDI-
VISION, THE TERMS "REQUESTOR", "OWNER", "LESSOR", AND "DRIVER" SHALL
ONLY REFER TO HUMAN PERSONS, AND NOT ANY BUSINESS, CORPORATE, OR OTHER
NON-HUMAN ENTITIES.
6. REPORTING. (A) ANY GOVERNMENT ENTITY THAT OPERATES OR USES AUTOMAT-
IC LICENSE PLATE READER SYSTEMS SHALL:
(I) CONSPICUOUSLY POST ON ITS WEBSITE AN ANNUAL REPORT ON THE GOVERN-
MENT ENTITY'S AUTOMATIC LICENSE PLATE READER PRACTICES AND USAGE. THE
REPORT SHALL INCLUDE, AT A MINIMUM:
(1) THE NUMBER AND LOCATIONS OF ALL CAMERAS USED IN CONNECTION WITH
ANY AUTOMATIC LICENSE PLATE READER SYSTEMS OPERATED OR USED BY, ON
BEHALF OF, OR PURSUANT TO A CONTRACT WITH THE GOVERNMENT ENTITY;
(2) THE NUMBER OF LICENSE PLATES SCANNED BY EACH CAMERA;
(3) THE NAME OF EACH HOT LIST AGAINST WHICH CAPTURED PLATE DATA WERE
CHECKED, AND WHO MAINTAINS EACH HOT LIST;
(4) THE NUMBER OF INSTANCES IN WHICH CAPTURED PLATE DATA WAS DETER-
MINED TO MATCH A HOT LIST;
(5) THE NUMBER OF INSTANCES IN WHICH CAPTURED PLATE DATA WAS DETER-
MINED TO HAVE MATCHED A HOT LIST BUT UPON FURTHER INVESTIGATION, THE
CAPTURED PLATE DATA DID NOT MATCH THE HOT LIST;
S. 9890 4
(6) THE NUMBER OF INSTANCES IN WHICH CAPTURED PLATE DATA WAS DETER-
MINED TO HAVE MATCHED A HOT LIST AND THERE WAS A SUBSEQUENT ARREST OR
PROSECUTION, OTHER THAN THOSE COUNTED PURSUANT TO CLAUSE FIVE OF THIS
SUBPARAGRAPH;
(7) THE NUMBER OF INSTANCES IN WHICH CAPTURED PLATE DATA WAS RETAINED
FOR MORE THAN FORTY-EIGHT HOURS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION, BROKEN DOWN BY THE REASON FOR WHICH THE DATA WAS
RETAINED FOR A LONGER TIME PERIOD; AND
(8) ALL EXISTING POLICIES RELATED TO THE USE OF ALPR SYSTEMS OR
CAPTURED PLATE DATA, AND ANY CHANGES IN POLICY THAT AFFECT PRIVACY
CONCERNS.
(II) MAINTAIN A RECORD OF EVERY TIME IN THE PAST THREE YEARS THAT ANY
CAPTURED PLATE DATA WAS QUERIED OR ACCESSED. THE RECORD SHALL INCLUDE:
(1) THE NAME OF THE ENTITY AND INDIVIDUAL SEEKING ACCESS;
(2) THE DATE AND TIME THAT THE QUERY OR ACCESS OCCURRED;
(3) THE PURPOSE FOR WHICH ACCESS WAS SOUGHT, WITH ANY SPECIFIC LICENSE
PLATE NUMBERS OR INDIVIDUALS' IDENTIFYING INFORMATION REDACTED;
(4) THE SCOPE OF THE QUERY, INCLUDING TEMPORAL AND GEOGRAPHICAL LIMI-
TATIONS, BUT EXCLUDING ANY CAPTURED PLATE DATA;
(5) THE NUMBER OF RECORDS ACCESSED; AND
(6) THE NUMBER OF DISTINCT LICENSE PLATES THAT APPEAR IN THE RECORDS
ACCESSED.
(B) NOTHING IN THIS PROVISION SHALL AUTHORIZE THE MAINTENANCE OF
CAPTURED PLATE DATA ITSELF BEYOND THE LIMITS SET FORTH IN THIS SECTION.
7. EXCLUSIONARY RULE. (A) NO CAPTURED PLATE DATA AND NO EVIDENCE
DERIVED THEREFROM MAY BE INTRODUCED IN EVIDENCE BY A GOVERNMENT ENTITY
IN ANY TRIAL, HEARING, OR OTHER PROCEEDING IN OR BEFORE ANY COURT, GRAND
JURY, DEPARTMENT, OFFICER, AGENCY, REGULATORY BODY, LEGISLATIVE COMMIT-
TEE, OR OTHER AUTHORITY OF THE STATE OF NEW YORK, OR A POLITICAL SUBDI-
VISION THEREOF, IF THE DISCLOSURE OF THAT INFORMATION WOULD BE IN
VIOLATION OF THIS SECTION OR IF SUCH CAPTURED PLATE DATA WAS OBTAINED,
USED, SOLD, SHARED, ACCESSED, OR TRANSFERRED IN VIOLATION OF THIS
SECTION.
(B) THE PROHIBITION ON RECEIVING EVIDENCE IN PARAGRAPH (A) OF THIS
SUBDIVISION SHALL NOT APPLY TO CAPTURED PLATE DATA OR EVIDENCE DERIVED
THEREFROM THAT IS INTRODUCED BY THE DEFENDANT IN A CRIMINAL CASE AND IS
OTHERWISE ADMISSIBLE UNDER THE LAWS OF THIS STATE.
8. PENALTIES. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
SECTION SHALL BE SUBJECT TO LEGAL ACTION FOR DAMAGES, TO BE BROUGHT BY
ANY OTHER PERSON CLAIMING THAT A VIOLATION OF THIS SECTION HAS INJURED
THEIR BUSINESS, THEIR PERSON, OR THEIR REPUTATION. A PERSON SO INJURED
SHALL BE ENTITLED TO ACTUAL DAMAGES, INCLUDING MENTAL PAIN AND SUFFERING
ENDURED BY SUCH PERSON ON ACCOUNT OF VIOLATION OF THE PROVISIONS OF THIS
ACT, OR LIQUIDATED DAMAGES OF ONE THOUSAND DOLLARS, AND A REASONABLE
ATTORNEY'S FEE AND OTHER COSTS OF LITIGATION.
(B) IF THE ATTORNEY GENERAL LEARNS THAT A GOVERNMENT OFFICIAL OR ENTI-
TY HAS VIOLATED ANY PROVISION OF THIS SECTION, THE ATTORNEY GENERAL
SHALL BE EMPOWERED TO BRING A CIVIL ACTION FOR DECLARATORY AND INJUNC-
TIVE RELIEF TO PREVENT ANY ONGOING OR FUTURE VIOLATIONS.
(C) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A GOVERNMENT OFFICIAL
OR ENTITY FROM TAKING ADDITIONAL DISCIPLINARY ACTIONS WHEN IT LEARNS OF
VIOLATIONS OF THE PROVISIONS OF THIS SECTION.
§ 2. Subdivision 14 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
14. Notwithstanding any other provision of law, all photographs,
microphotographs, [videotape] VIDEO FOOTAGE, CAPTURED PLATE DATA AS
S. 9890 5
DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
NINETY-SEVEN-C OF THE GENERAL BUSINESS LAW, or other recorded images
prepared pursuant to this section shall be for the exclusive use of a
public authority in the discharge of its duties under this section and
shall not be open to the public nor be used in any court in any action
or proceeding pending therein unless such action or proceeding relates
to the imposition of or indemnification for liability pursuant to this
section. The public authority shall not sell, distribute or make avail-
able in any way, the names and addresses of electronic toll collection
system account holders, without such account holders' consent to any
entity that will use such information for any commercial purpose
provided that the foregoing restriction shall not be deemed to preclude
the exchange of such information between any entities with jurisdiction
over and or operating a toll highway bridge and/or tunnel facility.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law, provided, however, with respect to captured plate
data collected prior to the effective date of this act, subdivision 5 of
section 397-c of the general business law, as added by section one of
this act shall take effect on the ninetieth day after it shall have
become law.
