§ 1608. Preservation of data [Effective July 1, 2025; see also 23 V.S.A.

281 words·~1 min read·/vt/title-23/chapter-15/1608

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§ 1608. Preservation of data [Effective July 1, 2025; see also 23 V.S.A. § 1608 effective until July 1, 2025 set out above]

(a)Preservation request.

(1)A law enforcement agency or the Department of Motor Vehicles or other person with a legitimate law enforcement purpose may apply to the Criminal Division of the Superior Court for an extension of up to 90 days of the 18-month retention period established under subdivision 1607(c)(2) of this subchapter if the agency or Department offers specific and articulable facts showing that there are reasonable grounds to believe that the captured plate data are relevant and material to an ongoing criminal or missing persons investigation or to a pending court or Judicial Bureau proceeding involving enforcement of a crime or of a commercial motor vehicle violation. Requests for additional 90-day extensions or for longer periods may be made to the Superior Court subject to the same standards applicable to an initial extension request under this subdivision.

(2)A governmental entity making a preservation request under this section shall submit an affidavit stating:

(A)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

(B)the date or dates and time frames for which captured plate data must be preserved.

(b)Destruction. Captured plate data shall be destroyed on the schedule specified in section 1607 of this subchapter if the preservation request is denied or 14 days after the denial, whichever is later. (Added 2013, No. 69, § 2; amended 2015, No. 169 (Adj. Sess.), § 9; amended 2023, No. 135 (Adj. Sess.), § 1a, eff. July 1, 2025.)