RICHMOND, Va. — Facing a looming deadline, a bill to regulate law enforcement's use of automated license plate readers (ALPRs) remains in consideration in this year's General Assembly.
Monday, the same Senate Committee that rejected the bill two weeks ago approved a slightly different version presented by its sponsor, who said legislation is needed to regulate a technology that is currently in a legal gray area.
"Without this bill, there are no protections," said Del. Charniele Herring (D - Alexandria).
ALPRs are cameras set up by law enforcement on roads or mounted in their cruisers that capture license plate information that police can access for investigations.
"They're used primarily for things like stolen vehicles, missing persons, abductions, human trafficking, and criminal warrant," Dana Schrad, the executive director of the Virginia Association of Chiefs of Police, said.
With no state law currently governing the use of these devices, each department has its own policy, including how long data is stored before deletion.
For example, several Central Virginia agencies told CBS 6 what their policies are last December:
- Virginia State Police: 24 told CBS 6 what their policies are last December:
- Hanover County Sheriff's Office: seven days,
- Richmond and Chesterfield Police Departments: 30 days.
- Henrico County: 30 days for non-vehicle mounted ALPRs and 90 days for vehicle-mounted ALPR.
Herring's original legislation proposed a 30-day data retention limit, now adjusted to 21 days.
This change has led to opposition from law enforcement.
"We had agreed on 30 days as being a good state standard. It was comparable to about the middle of the country, and we just wanted to stand firm on that standard," Schrad said.
During a December meeting of the Virginia State Crime Commission (VSCC) on ALPRs, a staff presentation said the length of time data is kept varies in the states that regulate it, from three minutes (New Hampshire) to five years (Alabama).
Criminal justice reform groups like Justice Forward Virginia, who advocate for a shorter seven-day retention period, also oppose the 21-day proposal. Their concern is that other state's law enforcement agencies or federal ones, like Immigration and Customs Enforcement (ICE), could try to access Virginia's data through legal means like search warrants.
They said while they know Virginia cannot legally block those agencies, a shorter retention period gives them less time to do so.
"We do continue to worry that in a three-week period, other people that we don't want to have access to the data are going to get it," Rob Poggenklass, executive director of Justice Forward Virginia, said. "We need to have some serious guardrails on this,"
Senators also added another change during the meeting around language that would allow cameras to be installed on state-controlled roads.
The committee voted to require next year's General Assembly to approve this measure before it could take effect — meaning there would be a House of Delegates and gubernatorial election in between.
Justice Forward Virginia supports the change, while law enforcement does not.
"That's too much, too fast, and let's see how these regulations work. I think what the committee did today was an excellent step in the right direction," Poggenklass said.
"It will basically impact whether or not agencies want to put the funding into this equipment, not knowing where the law is going to go in another year," Schrad countered.
Herring expressed concerns about this latest change and did not indicate whether she would ultimately support it. However, she emphasized the need for the legislation, noting the bill's provisions for police to report data usage, which could aid future oversight.
"We will get information about how many stops were as a result of these cameras, what queries were made for—who was it missing person? Was it a stolen vehicle? Was it to assist ICE? At this point, we don't know," Herring said.
The bill still has some hurdles to clear, including a full Senate vote and a subsequent conference committee with the House version, which retains the original 30-day data retention limit and allows for the expansion onto state roads.
The outcome will determine if the bill reaches Gov. Glenn Youngkin before the current session ends on Saturday.
What do you think about the rules surrounding license plate readers? Email the CBS 6 Newsroom.
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