LOUISIANA DISTRICT ATTORNEYS ASSOCIATION EXECUTIVE DIRECTOR OFFICERS E . PETE ADAM S HILLAR C. MOORE Ill PRESIDENT SB 250- Protecting the Public While Protecting Privacy SB 250 creates a program th at offers protection for th e publi c by id ent ifyi ng vehicl es o peratin g with o ut in surance and vehi cles invo lved in se ri o us crim es. Th e use of an Autom at ed License Pl ate Recog nition 11 11 Syste m, (also ca ll ed ALPR" or simply, LPR"), und er this program enabl es saf e, effective enforcem ent of th e law without threat enin g individu al privacy inte rest s. VAN H . KYZAR FIRST V ICE PRESIDENT CHRISTOPHER BO WMAN SECOND VICE PRESIDENT BOARD OF DIRECTORS MICHA EL C . CASSIDY JOSEPH L . WAl TZ , JR . S . ANDREW SHEALY H. TODD NESO M BRADLEY R . BURGET J . REED WALTERS CHARLES J . BALL AY RICKY BABIN CHARLES A . RIDDLE Ill JOH N F . DEROSIER IMMEDIATE PAST PRESIDENT DALE R . LEE PRESIDENT ASSISTANT DISTRICT ATTORNEYS SECTION MA RK PITRE DISTRICT ATTORNEY INVESTIGAT ORS SECT ION PAUL D . CONNICK , JR. NOAA STATE DIRECTOR Public and privat e LPR syst em s are alrea dy in wid e use in Louisiana and ac ross t he nation and t he w o rld. Even so, any expansion of t echnology ri ghtfully raises co nce rn s about invasio ns of privacy. Th erefore, in developing thi s program, w e have add ed fea tures specifi ca lly des igned to protect th e privacy concern s of law -a bid ing citizens. Here is how th e program operates: • Th e program creat ed by SB 250 ca ptures images of license plat es of vehicles operating on public roads and match es them against th e list of non-compliant mot or vehicles to identify offenders. The syst em also checks for Amber alerts and felony crimin al alerts. • Only the license plate and the rear of the vehicle will be captured by photograph. The driver of the vehicle is not photographed nor identified. • The own er of the vehicle is also not id entified until and unless the license plat e check identifies a non-compliant vehicle or a vehicle associat ed with felonious activity. • Th ere are three distin ct typ es of data that will be accessed und er thi s syste m: (1) license pl at e im ages that do not mat ch with a list of non-co mpli ant vehicl es; (2) license pl at e im ages that mat ch a list of vehicles involvin g crimin al condu ct [i. e., If a vehicl e is on a Hot List and assum ed stolen, driven by a w anted crimin al or similar, an APB, (All Points Bulletin), or BOLO, (Be on Loo k Out), or simil ar ca n be issued with 1645 NICHOLSON DRIVE/BATON ROUGE, LA 70802-8143/TEL (225) 343-0171 /FAX (225) 387-0237 /WWW.LDAA.ORG the intent of stopping the vehicle to then investigate]; and {3) license plate images that match a list of non-compliant vehicles. • When a vehicle associated with a serious crime is identified, that data is forwarded to law enforcement, but is not maintained by this system. • All data not retained as evidence in a compulsory insurance or a felony case is required to be purged after 60 days (a floor amendment will reduce this to 30 days). • Even after the vehicle is identified as non-compliant, a potential citation must pass four separate checks to ensure accuracy. e Once non-compliance is confirmed, law enforcement will issue a probable cause affidavit and the District Attorney's Office will screen the matter for prosecution, diversion, or dismissal. • This system cannot be used for red light or traffic enforcement. • This system cannot track the location of individuals. e The Sheriff and District Attorneys involved in this program would control the use of all data gathered under this program. • All system data is maintained in NLETS, a legal extension of Louisiana Law Enforcement and in a facility that has never, in over 45 years, been compromised. Conclusion: The Statewide Motor Vehicle Theft and Uninsured Motorist Identification Program provides the least intrusive and most effective way to enforce our criminal and compliance laws without compromising the privacy concerns of louisiana citizens. Sincerely, E. Pete Adams LDAA Executive Director EPA:rbj
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