Courthouse News reported that Virginia General Assembly members met Thursday to review a State Crime Commission report on police misuse of automated license plate readers. The report surveyed 191 local law enforcement agencies that said they were using the cameras as of August. Of those agencies, 10% self-reported unauthorized use.
The commission includes legislators, commonwealth's attorneys and appointed citizens. Its members discussed what stronger guardrails would look like.
What did the survey find?
- Six agencies reported no ALPR policy, which state law requires.
- 33% of the 178 agencies with policies do not publicly post them.
- Seven agencies reported data retention longer than the 21-day maximum.
- 27 agencies did not hold public awareness before deploying the technology.
- 22 agencies said their systems sometimes or very often produced false-positive hits.
- 86% contracted with Flock Safety for their ALPR needs.
Prosecutors have charged only seven officers, even though the report describes numerous instances of misuse and noncompliance. The criminal penalty for law enforcement is a class 1 misdemeanor.
State Senate Majority Leader Scott Surovell, a Democrat, said Virginia needs "stronger consequences for law enforcement agencies" that do not follow the laws. Republican Delegate Wren Williams discussed limiting database access to certified law enforcement employees. Hampton Commonwealth's Attorney Anton Bell questioned whether prosecutors like him should have discretion to bring charges against police.
The ACLU of Virginia and the Institute for Justice both pushed in the public comment period. Courthouse News reports that advocates pushed for a complete ban, and that the Institute for Justice is pushing police to obtain warrants before using the database.
Does this change the cameras in my town?
Courthouse News reports that dozens of Virginia localities have suspended, ended or decided not to renew their contracts with Flock Safety and other ALPR companies since the August survey. Alexandria, Arlington, Richmond and Lynchburg are named.
The reporting does not say whether any of those cameras have come down. Cameras run by a neighboring city, the county, the state, a business or an HOA are not covered by those contract decisions.
What happens next?
Courthouse News doesn't say when lawmakers will act on the commission's recommendations or whether any bill is scheduled. Check the camera map to see where plate readers are mapped near you, and read how plate readers work for background on what the cameras record. Published transparency records for local agencies are on the agencies page.