License plate reader bill survives, but surveillance concerns loom

Yahoo

18-02-2025

Flock Safety cameras capture license plates. (Photo courtesy of Flock Safety)
Despite near defeat and intense debate, a proposal to regulate automated license plate readers is still alive in Virginia's General Assembly — though not without significant revisions and shifting alliances.
House Bill 2724, sponsored by Del. Charniele Herring, D-Alexandria, aims to rein in the widely used but loosely regulated surveillance technology. Initially, Herring sought to cap law enforcement's data storage at 30 days, but opposition from criminal justice and immigrant rights groups led her to slash the limit to 21 days.
That move, however, cost her the support of police and sheriffs' associations, who spoke against the bill during Monday's Courts of Justice Committee hearing.
The same panel defeated the measure last week before reviving it for further consideration. The bill has already cleared the House of Delegates, and Senate amendments now limit storage to 21 days, though departments can choose to retain data for even shorter periods.
Charlottesville Police Chief Michael Kochis, for instance, said his department keeps records for only seven days, a policy shaped by local community concerns. He has backed the legislation since it was first workshopped in the state crime commission last year.
Herring said her bill would make Virginia the most restrictive state when it comes to regulating the technology, though New Hampshire limits storage for just three minutes.
Among the 18 states that currently regulate the technology, 17 of them limit data retention. A report to the Crime Commission, which Herring chairs, shows how many states range from a few weeks to a few months. New Hampshire has the tightest restrictions on data retention while Alabama is one of the most loose at up to five years.
Advocates and some lawmakers have also raised alarms that license plate data could be subpoenaed by federal agencies like Immigration and Customs Enforcement (ICE) or by states with abortion bans, potentially exposing Virginians who travel for reproductive health care.
Herring has acknowledged that the pending state law 'cannot wholly avoid federal warrants and subpoenas' but argues her bill at least sets guardrails for existing and future plate reader use.
Sens. Lashrecse Aird, D-Petersburg, and Jennifer Carrol Foy, D-Prince William, have speculated that the devices are more likely to be installed in predominantly Black and brown neighborhoods — areas that have historically experienced more negative interactions with law enforcement.
Herring's bill also faced backlash for its proposal to allow state law enforcement to install readers along state roads. Critics argue this could lead to an expansion of surveillance before existing oversight measures are fully tested.
'I think we are doing real harm by expanding this by not allowing additional time to see how these guardrails will work and how they will be applied,' Aird said last week.
'I don't think limiting the legislation to existing cameras will be a detriment to law enforcement. This is not the time to expand them — we need to see how this legislation will work with the cameras that are in place.'
To address those concerns, lawmakers adopted a reenactment clause on Monday.
This means that while the bill would regulate existing cameras if signed into law, and any expansion of readers along highways would require further legislative approval next year. While additional adjustments could still be made if the bill advances, this compromise may remain in place.
With the 2025 legislative session set to end this weekend, the bill's fate now rests in the Senate. If it clears that hurdle, Gov. Glenn Youngkin will have the option to approve, veto, or amend the legislation before it becomes law.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX