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12-12-1805. Practice and usage data preservation.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1805. Practice and usage data preservation.
(a) An entity that uses an automatic license plate reader system under § 12-12-1803(b) shall:
(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) Preserve the compiled data for eighteen (18) months.
(b) The preserved data shall include:
(1) The number of license plates scanned;
(2) The names of the lists against which captured plate data were checked;
(3) For each check of captured plate data against a list:
(A) The number of confirmed matches;
(B) The number of matches that upon further investigation did not correlate to an alert; and
(C) The number of matches that resulted in arrest and prosecution; and
(4)(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.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1805
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-12-1805
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: db3f7288774ca76dfc2ee2bf3e140d41eea1442ffa2d998964d1e80dcea07160
Source location: content.xml paragraph 7936
Stored source content
12-12-1805. Practice and usage data preservation.
(a) An entity that uses an automatic license plate reader system under § 12-12-1803(b) shall:
(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) Preserve the compiled data for eighteen (18) months.
(b) The preserved data shall include:
(1) The number of license plates scanned;
(2) The names of the lists against which captured plate data were checked;
(3) For each check of captured plate data against a list:
(A) The number of confirmed matches;
(B) The number of matches that upon further investigation did not correlate to an alert; and
(C) The number of matches that resulted in arrest and prosecution; and
(4)(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.
(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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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1803. Restrictions on use.
(a) Except as provided in subsection (b) of this section, it is unlawful for an individual, partnership, corporation, association, or the State of Arkansas, its agencies, and political subdivisions to use an automatic license plate reader system.
(b) An automatic license plate reader system may be used:
(1) By a state, county, or municipal law enforcement agency for the comparison of captured plate data with data held by the Office of Motor Vehicle, the Arkansas Crime Information Center, the National Crime Information Center, a database created by law enforcement for the purposes of an ongoing investigation, and the Federal Bureau of Investigation for any lawful purpose;
(2) By parking enforcement entities for regulating the use of parking facilities;
(3) For the purpose of controlling access to secured areas; or
(4)(A) By the Arkansas Highway Police Division of the Arkansas Department of Transportation for the electronic verification of registration, logs, and other compliance data to provide more efficient movement of commercial vehicles on a state highway.
(B) An automatic license plate reader system used under subdivision (b)(4)(A) of this section shall be installed at an entrance ramp at a weigh station facility for the review of a commercial motor vehicle entering the weigh station facility.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1803
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1803. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1804. Protections.
(a) Captured plate data obtained for the purposes described under § 12-12-1803(b) shall not be used or shared for any other purpose and shall not be preserved for more than one hundred fifty (150) days.
(b) Captured plate data obtained by an entity under § 12-12-1803(b)(1) may be retained as part of an ongoing investigation and shall be destroyed at the conclusion of either:
(1) An investigation that does not result in any criminal charges being filed; or
(2) Any criminal action undertaken in the matter involving the captured plate data.
(c) A governmental entity that uses an automatic license plate reader system under § 12-12-1803(b)(1) shall update the captured plate data collected under this subchapter every twenty-four (24) hours if updates are available.
(d)(1) Except as provided under subdivision (d)(2) of this section, a governmental entity authorized to use an automatic license plate reader system under § 12-12-1803(b) shall not sell, trade, or exchange captured plate data for any purpose.
(2) Captured plate data obtained by a law enforcement agency under § 12-12-1803(b)(1) that indicates evidence of an offense may be shared with other law enforcement agencies.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1804
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1804. This identifies an authority to review, not proof of applicability.