case2nd Sub.
S.B.
196
LICENSE PLATE READER AMENDMENTS
House Floor
Amendments
Amendment 5 March 12, 2013 3:07 PM
Representative Daniel McCay
proposes the following amendments:
1. Page
1, Lines 23 through 24
Senate 2nd Reading Amendments
3-8-2013
:
23
. establishes procedures for a governmental entity
or defendant in a criminal case
to submit a
preservation request for
24
captured plate data; and
2. Page
4, Lines 99 through 104
:
99
(1) A person or governmental entity using an automatic license plate reader system
100
shall take all steps necessary to preserve captured plate data in its possession for 14 days after
101
the date the data is captured pending the issuance of a court order requiring the disclosure of
102
the captured plate data if a governmental entity
or defendant in a criminal case
requesting the captured
plate data submits a
103
written statement to the person or governmental entity using an automatic license plate reader
104
system:
3. Page
4, Lines 110 through 113
:
110
(c) notifying the person or governmental entity maintaining the captured plate data that
111
the governmental entity
or defendant in a criminal case
is applying for a court order for disclosure of the
captured plate data.
112
(2) (a) A governmental entity
or defendant in a criminal case
may apply for a court order for the
disclosure of captured
113
plate data.
4. Page
4, Lines 114 through 117
:
114
(b) A court that is a court of competent jurisdiction shall issue a court order requiring
115
the disclosure of captured plate data if the governmental entity
or defendant in a criminal case
offers
specific and articulable
116
facts showing that there are reasonable grounds to believe that the captured plate data is
117
relevant and material to an ongoing criminal or missing person investigation.
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