The General Assembly has rejected Gov. Glenn Youngkin’s amendments to a bill adding new restrictions on police use of license plate readers — sending the legislation back to him for reconsideration.
As passed by lawmakers in February, the bill would require police to purge the data after 21 days. The regulations also would make it a crime for police to use the data for non law-enforcement purposes.
Moreover, the bill included a “re-enactment clause” that required lawmakers take another vote next year before a controversial provision goes into effect — that the Virginia State Police could add Flock Safety cameras to nearly 6,000 miles of state roadways.
In his suggested amendments, Youngkin proposed a 30-day retention limit, which is currently the standard limit under most police department policies.
He also recommended removing the re-enactment clause, saying the expansion to state roadways — including interstates and bridge-tunnels — could go into effect in July 2026 without a second vote by lawmakers next year.
But the House of Delegates narrowly rejected Youngkin’s proposed amendments Wednesday. The measure was on a list of 28 amended bills that were “passed by for the day” in a block vote.
At this late point in the legislative session, passing the bills by “for the day” means Youngkin’s amendments were rejected for the term. The party line vote was 47-46, with Democrats voting against the governor’s suggested changes.
The bill now goes back to Youngkin as it was passed by the General Assembly in February.
If the governor signs or takes no action on the measure, it will become law July 1. If Youngkin vetoes the measure, it goes down to defeat immediately, with no opportunity at this point in the process for lawmakers to override the veto.
Youngkin has 30 days to decide what he will do.
There are more than 600 Flock Safety cameras already in Hampton Roads, taking pictures of every single car that passes.
The cameras can decipher not only the license plates, but the vehicles’ make, body type and color — and even such features as bike racks, dents and bumper stickers. The data is stored remotely and is shared easily between agencies.
Police rave about the systems in helping police solve crimes and capture criminals on crimes ranging from car thefts to homicides.
But privacy advocates are growing increasingly concerned, contending the cameras’ increasingly widespread nature is allowing police to track law-abiding citizens in violation of their constitutional rights.
The recent legislation was recommended by the Virginia State Crime Commission, a bipartisan group that’s made up mostly of lawmakers, following an extensive study.
Aside from the data purging limits and expansion of Flock cameras to state roads, the bill bars Virginia agencies from sharing the gathered data with agencies in other states without a subpoena. And it requires police to better detail to the public how they use the systems.
It was late in the legislative process that lawmakers instituted a 21-day data retention limit — down from 30 days in the original bill — and added the re-enactment clause. Both changes were seen as necessary to get the bill through surveillance skeptics in the General Assembly.
But the changes led two powerful law enforcement organizations — the Virginia Association of Chiefs of Police and the Virginia Sheriffs’ Association — to pull their prior backing for the bill.
Dana Schrad, the executive director of the Virginia Association of Chiefs of Police, said Thursday that the organization has asked Youngkin to veto the bill now that lawmakers rejected his suggested amendments.
“Waiting to hear what he will do,” she wrote in a text message.
Rob Poggenklass, the executive director of Justice Forward Virginia, said he was pleased the House rejected Youngkin’s recommendations. The criminal justice reform organization has contended that restrictions on police use of license plate readers must come before a massive expansion of Flock cameras to state roadways is considered.
Poggenklass estimated that there’s a 70% chance Youngkin will veto the bill — “because that’s what law enforcement wants.” But he said there’s still a 30% chance the governor will allow the bill to pass, “because nearly everyone has screwed up trying to predict this legislation.”
Peter Dujardin, 757-897-2062, pdujardin@dailypress.com
