AI Frontier Institute

An Act Concerning Democracy And Government Accountability And The Use And Retention Of Data Derived From Automated License Plate Reader Systems.

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Public Act 26-14 (Substitute SB 397) is law. It does two main things: it adds civil-rights and law-enforcement accountability measures, and it sets limits on automated license plate reader (ALPR) systems and data. Accountability provisions: - Sec. 1 creates a state cause of action, modeled on 42 USC 1983, against anyone acting under color of law, including federal officers. Courts may award damages and injunctive relief, and the court must award attorney's fees unless special circumstances make that unjust. The section does not waive the state's sovereign immunity. - Sec. 2 expands the Attorney General's civil-rights enforcement powers in section 3-129g. It adds authority to act against persons acting under color of law and allows civil penalties of up to $2,500 per violation for interference, proven by clear and convincing evidence. - Secs. 3–5 expand the Inspector General's role. The Inspector General investigates deaths in custody and uses of force by peace officers, including federal officers. The act gives the Inspector General and the Division of Criminal Justice access to scenes and evidence and lets them seek court injunctions. The act also amends the use-of-force justification statute in section 53a-22, including its definition of "peace officer." - Sec. 6 bars peace officers from wearing facial coverings while interacting with the public, with listed exceptions. It requires badge and name tag identification. Violations are class D misdemeanors. Officers who commit certain intentional torts while masked lose privilege and immunity defenses. - Sec. 7 (effective October 1, 2026) bars arrests for civil offenses in protected areas such as schools, hospitals and places of worship, and in state and municipal facilities, unless the person is the subject of a judicial warrant. Sec. 8 amends the courthouse arrest limits in section 51-33b. - Sec. 10 amends section 52-571j on interference with recording of peace officers. - Sec. 11 denies federal officers immunity in state prosecutions unless their action was authorized by federal law and necessary and proper to their duties. - Secs. 9 and 12 conform sections 7-294d and 7-291c to the new "peace officer" definition. ALPR provisions (Secs. 13–15): - From October 1, 2026, public agencies and their vendors may operate ALPR systems or use ALPR data only for listed purposes, such as parking enforcement, traffic analytics, securing state facilities, motor vehicle tax compliance, and specified law enforcement uses. - Data must generally be deleted after 21 days. Exceptions cover warrants, active criminal cases, highway usage fees, de-identified traffic analytics, and a 90-day limit for motor vehicle tax compliance data. - Agencies may not use ALPR data to: - monitor people based on protected characteristics; - identify people engaged in First Amendment activity; - support immigration enforcement; - investigate or prosecute reproductive or gender-affirming care. - Data sharing is restricted. Out-of-state and federal requesters generally need written declarations or a warrant. Networks must require written declarations from participants. - ALPR data is confidential under the Freedom of Information Act, with limited exceptions such as device locations and audit logs. - Vendor contracts must bar selling or improperly sharing the data, require Connecticut jurisdiction and law, and require industry-standard security. - The Attorney General may sue vendors. Aggrieved individuals may seek injunctive or declaratory relief. Officers who maliciously misuse data face discipline, including loss of certification. - Sec. 14 directs the Police Officer Standards and Training Council to adopt a model ALPR policy by December 1, 2026. Agencies must adopt it by January 1, 2027. The Commissioner of Emergency Services and Public Protection must adopt regulations by January 1, 2028. - Sec. 15 requires standardized annual usage reports. Agencies submit them to the UConn Institute for Municipal and Regional Policy, which issues a consolidated report starting July 30, 2027.

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