60-3205. Operator; preserve data; written sworn statement; court order for disclosure; disclosures authorized.

220 words·~1 min read·/ne/chapter-60/60-3205

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)(a) An operator of an automatic license plate reader system shall, upon the request of a governmental entity or a defendant in a criminal case, take all necessary steps to preserve captured plate data in its possession pending the issuance of a warrant, subpoena, or order of a court.

(b)A requesting governmental entity or defendant in a criminal case must specify in a written sworn statement:

(i)The particular camera or cameras for which captured plate data must be preserved or the particular license plate for which captured plate data must be preserved; and

(ii)The date or dates and timeframes for which captured plate data must be preserved.

(2)A governmental entity or defendant in a criminal case may apply for a court order for disclosure of captured plate data, which shall be issued by the court if the governmental entity or defendant in a criminal case offers specific and articulable facts showing there are reasonable grounds to believe the captured plate data is relevant and material to the criminal or civil action. Nothing in this subsection shall prevent the governmental entity from disclosing any captured plate data:

(a)To the parties to a criminal or civil action;

(b)for administrative purposes;

(c)to alert the public of an emergency situation; or

(d)relating to a missing person.