Practice and usage data preservation

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  1. (a) An entity that uses an automatic license plate reader system under § 12-12-1803(b) shall:

    1. (1) Compile statistical data identified in subsection (b) of this section every six (6) months into a format sufficient to allow the general public to review the compiled data; and

    2. (2) Preserve the compiled data for eighteen (18) months.

  2. (b) The preserved data shall include:

    1. (1) The number of license plates scanned;

    2. (2) The names of the lists against which captured plate data were checked;

    3. (3) For each check of captured plate data against a list:

      1. (A) The number of confirmed matches;

      2. (B) The number of matches that upon further investigation did not correlate to an alert; and

      3. (C) The number of matches that resulted in arrest and prosecution; and

    4. (4)

      1. (A) Promulgate rules and policies concerning the manner and method of obtaining, retaining, and destroying captured plate data, including without limitation specific rules and policies concerning retention of material in excess of one hundred fifty (150) days under § 12-12-1804(b) and make those rules and policies available for public inspection.

      2. (B) Failure to comply with subdivision (b)(4)(A) of this section shall be grounds for a court of competent jurisdiction to exclude any evidence obtained under this subchapter.


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