PocketLaw | Georgia Code | Prohibition on Law Enforcement Retaining

Prohibition on Law Enforcement Retaining License Plate Data Obtained From Automated License Plate Recognition Systems; Limited Use of Data; Public Disclosure Prohibited

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As used in this Code section, the term:
1. "Automated license plate recognition system" means one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data.
2. "Captured license plate data" means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automated license plate recognition system or any other source.
3. "Law enforcement agency" means the Department of Public Safety, the Department of Transportation, and any other state, federal, local, public transit, school, college, or university agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, toll violation, regulatory, game, or controlled substance laws.
4. "Law enforcement purpose" means the investigation of an offense or activity initiated by a law enforcement agency.
5. "Person" means an individual, corporation, company, partnership, firm, association, joint venture, or any other unincorporated association or group.
Law enforcement agencies may collect captured license plate data. Such data shall be stored immediately upon collection and not accessed except for a law enforcement purpose. All such data collected shall be destroyed no later than 30 months after such data were originally collected unless such data are the subject matter of a toll violation or for a law enforcement purpose.
Law enforcement agencies may exchange or share captured license plate data with other law enforcement agencies for law enforcement purposes.
1. Any person who knowingly requests, uses, obtains, or attempts to obtain captured license plate data of a law enforcement agency under false pretenses or for any purpose other than for a law enforcement purpose shall for each such offense, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.
2. Nothing in this Code section shall be construed to preclude a law enforcement agency from contracting with a person to hold and maintain captured license plate data for such law enforcement agency; provided, however, that such person shall be subject to the policies of the law enforcement agency and paragraph (1) of this subsection.
Any law enforcement agency deploying an automated license plate recognition system shall maintain policies for the use and operation of such system, including but not limited to policies for the training of law enforcement officers in the use of captured license plate data consistent with this Code section.
Captured license plate data collected by a law enforcement agency shall not be subject to public disclosure pursuant to Article 4 of Chapter 18 of Title 50.

(Code 1981, §35-1-22, enacted by Ga. L. 2018, p. 758, § 1/HB 79.)

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Offenses arising from a violation of O.C.G.A. § 35-1-22(d)(1) appear to be offenses for which fingerprinting is required. 2018 Op. Att'y Gen. No. 18-3.

CHAPTER 2 DEPARTMENT OF PUBLIC SAFETY Article 1 General Provisions.

35-2-1. Creation of Board of Public Safety; composition; appointment and terms of office of members.
35-2-2. Creation of Department of Public Safety.
35-2-3. Commissioner of public safety-Creation; appointment and removal; powers and duties; rules and regulations.
35-2-4. Commissioner of public safety - Membership in Uniform Division; reversion to original rank upon removal without prejudice from office.
35-2-5. Commissioner of public safety - Rank in Uniform Division; chief officer.
35-2-6. Employment of temporary expert assistance.
35-2-7. Deputy commissioner of public safety - Appointment; term of office; rank; membership in Uniform Division; duties; oath.
35-2-8. Comptroller - Appointment; membership in Uniform Division prohibited; bond.
35-2-9. Payment of medical and other similar expenses of members of Georgia State Patrol injured in line of duty; procedure.
35-2-10. Awards to employees for outstanding service, heroism, or other exemplary acts; maximum amount of award; promulgation of rules and regulations for granting awards.
35-2-11. Commissioner authorized to provide and equip lecturers for lectures and demonstrations in public schools.
35-2-12. Contribution to political campaigns by employees of department.
35-2-13. Headquarters for commissioner and deputy commissioner of public safety and divisions.
35-2-14. "Peace officer" defined; enforcement of immigration and custom laws.
35-2-15. Off-duty use of motor vehicles and other equipment by certain law enforcement officers; conditions for use; rules and regulations.

Article 2 Georgia State Patrol.

35-2-30. Creation and designation.
35-2-31. Composition.
35-2-32. Jurisdiction; primary duty; patrolling of safety rest areas and welcome centers.
35-2-33. Additional duties.
35-2-34. Composition of headquarters staff.
35-2-35. Performance of clerical duties by headquarters staff; transfer of members of headquarters staff by commissioner.
35-2-36. Composition of battalion; rank of battalion personnel; employment of recruits or cadets by commissioner; promulgation of rules and regulations as to enlistment and training of recruits or cadets.
35-2-36.1. Auxiliary Service of the Uniform Division; appointment of members; salary; authority and powers; equipment; eligibility.
35-2-37. Employment of communications officers to support battalion generally.
35-2-38. Division of state into districts or divisions by commissioner.
35-2-39. Provision of barracks and quarters for officers and troopers of Uniform Division.
35-2-40. Purchase, lease, or construction of barracks and equipment for districts or divisions; acceptance of property, equipment, or services.
35-2-41. Municipality and county purchase or conveyance of property for use as division or district headquarters; effect if property has reversionary clause; approval of contracts.
35-2-41.1. Donation or conveyance of property, equipment, or services to the department; procedure.
35-2-42. Compensation of members of Uniform Division, communications officers, recruits, and cadets; subsistence and per diem allowances; receipt of badge and duty weapon upon retirement; incentive pay.
35-2-43. Eligibility for appointment to or enlistment in Uniform Division; appointment or reappointment of discharged members of National Guard, armed forces of the United States, and law enforcement agencies [Repealed].
35-2-44. Enlistment, examination, preliminary training, subsequent instruction, and rules and regulations for discipline and conduct of recruits and troopers of Uniform Division.
35-2-45. Promotions of personnel in Uniform Division.
35-2-46. Dismissal of officers, troopers, and communications officers.
35-2-47. Suspension pending dismissal.
35-2-48. State Patrol Disciplinary Board; composition; appointment and terms of members; conduct of hearings by board; recommendation to commissioner; finality of commissioner's decision [Repealed].
35-2-49. Provision of uniforms and equipment to sworn members of the Department of Public Safety and radio operators; retention of weapons and badges upon retirement.
35-2-49.1. Retention of badge and weapon by disabled law enforcement officer.
35-2-50. Purchasing of uniforms, supplies, and equipment.
35-2-51. Storeroom for excess clothing, equipment, and other articles; disposition of old and worn equipment.
35-2-52. Clothing allowance for members of Uniform Division assigned permanently to personal security or special duty assignments.
35-2-53. Members of Uniform Division to receive no costs or emoluments; exception for rewards; payment and distribution of fines and costs.
35-2-54. Purchase of group insurance.
35-2-55. Compensatory time off for members of Uniform Division working on state holiday.
35-2-56. Use of motor vehicles or other equipment by members of Uniform Division [Repealed].
35-2-57. Use of retired unmarked pursuit cars for training.
35-2-58. Approval by board to sell or trade surplus motor vehicles towards purchase of new motor vehicles.

Article 3 Security Guard Division.

35-2-70. Establishment.
35-2-71. Powers and duties of security guards.
35-2-72. Compensation, uniforms, and equipment of security guards.
35-2-73. Security guards for protection of Governor, Lieutenant Governor, Speaker of the House, and their families and executive department; transportation of family members at state expense.
35-2-74. Governor to prescribe coverage by State Personnel Board.
35-2-75. Adoption of rules, regulations, and orders by board.

Article 4 Department of Public Safety Nomenclature.

35-2-80. Short title.
35-2-81. Definitions.
35-2-82. Permission required for use of department nomenclature.
35-2-83. Permission required for use of department symbols.
35-2-84. Procedure for seeking permission to use department nomenclature or symbols.
35-2-85. Injunctions against violations.
35-2-86. Civil penalties.
35-2-87. Damage suits against violators.
35-2-88. Criminal penalties.

Article 5 Motor Carrier Compliance Division.

35-2-100. Creation; members designated as law enforcement officers.
35-2-101. Jurisdiction; duties and powers; use of dogs to detect controlled substances.
35-2-102. Weight inspector positions; training; powers and responsibilities; limits on responsibilities.

Article 6 Capitol Police Division.

35-2-120. Definitions.
35-2-121. Establishment of Capitol Police Division; staffing.
35-2-122. Jurisdiction; duties; power.
35-2-123. Use of vehicles by off-duty law enforcement officer [Repealed].
35-2-124. Reimbursement to the department for costs.

Article 7 State Aviation Operations.

35-2-140. Transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Public Safety.

Article 8 Office of Public Safety Support.

35-2-160. (For effective date, see note.) Definitions.
35-2-161. (For effective date, see note.) Office of Public Safety Support established.
35-2-162. Support coordinator.
35-2-163. (For effective date, see note.) Peer counseling and critical incident support services; certification; employment of necessary staff.
35-2-164. Provision and designation of office space, personnel, supplies, and materials; policies and procedures.

Cross references.

- Powers and duties of the Department of Driver Services with regard to drivers' licenses, T. 40, C. 5.

Juvenile traffic offenses, Uniform Rules for the Juvenile Court of Georgia, Rule 13.

Administrative Rules and Regulations.

- Rules of general applicability, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Chapter 570.

ARTICLE 1 GENERAL PROVISIONS

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