§ 1605. Definitions [Effective July 1, 2025 until July 2, 2025 or July 1, 2027; see also 23 V.S.A.

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§ 1605. Definitions [Effective July 1, 2025 until July 2, 2025 or July 1, 2027; see also 23 V.S.A. § 1605 effective July 2, 2025 or July 1, 2027, set out below]

As used in this subchapter:

(1)“Active data” is distinct from historical data as defined in subdivision

(5)of this section and means data uploaded to individual automated license plate recognition system units before operation as well as data gathered during the operation of an ALPR system. Any data collected by an ALPR system in accordance with section 1607 of this subchapter shall be considered collected for a legitimate law enforcement purpose.

(2)“Automated license plate recognition system” or “ALPR system” means a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of registration number plates into computer-readable data.

(3)“Automated traffic law enforcement system” or “ATLE system” means a device with one or more sensors working in conjunction with a speed measuring device to produce recorded images of the rear registration number plates of motor vehicles traveling at more than 10 miles above the speed limit.

(4)“Calibration laboratory” means an International Organization for Standardization

(ISO)17025 accredited testing laboratory that is approved by the Commissioner of Public Safety.

(5)“Historical data” means any data collected by an ALPR system and stored on the statewide automated law enforcement server operated by the Vermont Justice Information Sharing System of the Department of Public Safety. Any data collected by an ALPR system in accordance with section 1607 of this subchapter shall be considered collected for a legitimate law enforcement purpose.

(6)“Law enforcement officer” means an individual certified by the Vermont Criminal Justice Council as a Level II or Level III law enforcement officer under 20 V.S.A. § 2358 and is a State Police officer, municipal police officer, sheriff, or deputy sheriff; or a constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a.

(7)“Legitimate law enforcement purpose” applies to access to active or historical data and means investigation, detection, analysis, or enforcement of a crime or of a commercial motor vehicle violation or a person’s defense against a charge of a crime or commercial motor vehicle violation, or operation of AMBER alerts or missing or endangered person searches.

(8)“Owner” means the first or only listed registered owner of a motor vehicle or the first or only listed lessee of a motor vehicle under a lease of one year or more.

(9)“Recorded image” means a photograph, microphotograph, electronic image, or electronic video that shows, clearly enough to identify, the rear registration number plate of a motor vehicle that has activated the radar component of an ATLE system by traveling past the ATLE system at more than 10 miles above the speed limit.

(10)“Vermont Intelligence Center analyst” means any sworn or civilian employee who through employment with the Vermont Intelligence Center

(VIC)has access to secure storage systems that support law enforcement investigations. (Added 2023, No. 135 (Adj. Sess.), § 1a, eff. July 1, 2025; amended 2023, No. 135 (Adj. Sess.), § 6.)

§ 1605. Definitions [Effective July 2, 2025 or July 1, 2027; see also 23 V.S.A. § 1605 effective until July 2, 2025 or July 1, 2027, set out above]

As used in this subchapter:

(1)[Repealed.]

(4)[Repealed.]

(5)[Repealed.]

(6)[Repealed.]

(7)[Repealed.]

(8)[Repealed.]

(9)[Repealed.]

(10)[Repealed.] (Added 2023, No. 135 (Adj. Sess.), § 1a, eff. July 1, 2025; amended 2023, No. 135 (Adj. Sess.), § 6.)