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2023 SESSION

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SB 1165 Installation, etc., of devices in highway right-of-way; law-enforcement purposes, penalty.

Introduced by: Lynwood W. Lewis, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Commonwealth Transportation Board; regulation authority. Provides that the authority of the Commonwealth Transportation Board to make regulations for the use of systems of state highways includes the use of devices in the right-of-way of such highways for law-enforcement purposes. The bill authorizes the Department of State Police or chief law-enforcement officer of a locality to install, maintain, and operate devices for law-enforcement purposes on highways maintained by VDOT. The bill requires that all data collected by such devices be purged and not retained later than 30 days after collection unless such data is being used in an active law-enforcement investigation. The bill prohibits the use of such data to enforce speed limits, traffic regulations, tolling requirements, or high-occupancy vehicle requirements.

SUMMARY AS INTRODUCED:

Commonwealth Transportation Board; regulation authority. Provides that the authority of the Commonwealth Transportation Board to make regulations for the use of systems of state highways includes, upon request of a locality or its chief law-enforcement officer, authorizing the use of devices on such highways for law-enforcement purposes whether related or unrelated to transportation safety. The bill (i) requires any regulation authorizing the use in the system of state highways of a device for law-enforcement purposes that records and stores videos, images, or any other data or information to require that all data or information collected by such device be purged and not retained later than 30 days after collection unless such data is being used in an active law-enforcement investigation or another provision of law establishes a different data retention requirement or limitation and (ii) prohibits certain uses of such data or information.