Bill > A1116

Introduced Session

This bill establishes an "Uninsured Vehicle Enforcement and Compliance Program" and an "Uninsured Vehicle Enforcement Diversion Program." Under the "Uninsured Vehicle Enforcement and Compliance Program," counties, municipalities, and law enforcement agencies would have the authority to enter into contractual agreements with automated license plate reader providers to provide the necessary technology and equipment. A law enforcement agency would be permitted to utilize the automated license plate readers for the purpose of enforcing the requirement that drivers maintain motor vehicle liability insurance. Specifically, law enforcement officers would be permitted to utilize automated license plate readers to determine whether a driver is uninsured. The bill also requires law enforcement officers to have access via computers located in law enforcement vehicles to the information contained in the insurance database maintained by the Motor Vehicle Commission (MVC). The bill provides that access to the database is to be restricted to authorized prosecutors and law enforcement agency users in the program. Any entity with which a contract has been executed to provide or maintain the technology or equipment necessary to utilize automated license plate readers or the database would be entitled to access the data collected exclusively for the purposes of enforcing the provisions of the bill. The bill requires a law enforcement officer to verify by sworn affidavit that a photograph generated by an automatic license plate reader system unit identifies a particular vehicle operating on the public roads or highways of this State and that the database confirmed that the vehicle was uninsured at the time such vehicle was being operated. The affidavit is to constitute probable cause for prosecution under the compulsory motor vehicle insurance law. The bill requires the automated license plate data to be retained by the prosecuting authority and law enforcement agency when used as evidence and then purged thereafter. Any data collected or retained through the use of an automated license plate reader system is not to be used for purposes other than enforcing the motor vehicle compulsory motor vehicle insurance law. Images of the driver or motor vehicle occupants would not be used or maintained as evidence by any prosecuting authority or law enforcement agency. Any recorded image or information produced in connection with the automated license plate reader would not be deemed a public record under the "Open Public Records Act," or the common law concerning access to public records. The "Uninsured Vehicle Enforcement and Compliance Program" would not take effect until the MVC verifies that at least 90 percent of the personal lines auto insurance market in the State submits insurance information to the commission's database. In addition, this bill establishes an "Uninsured Vehicle Enforcement Diversion Program" to allow county and municipal prosecutors to defer prosecution of a person who violates the compulsory motor vehicle insurance law. Under the program, a prosecutor may move before the court to postpone proceedings against a person who operates a motor vehicle without insurance. The prosecutor would have the sole discretion to determine if an offender qualifies for and is admitted to the program after considering: (1) whether it is in the interest of public safety to postpone proceedings against the offender; (2) the driving record of the offender; (3) whether there are criminal complaints pending against the offender; and (4) whether the offender has provided the prosecutor with satisfactory proof of motor vehicle liability insurance prior to the hearing. The bill requires a prosecutor to notify a person who is referred to the diversion program. The notification is to include the date on which the violation occurred, a statement of the penalties for violating the compulsory motor vehicle insurance law, and the date on which the person is required to submit to the prosecutor satisfactory proof of motor vehicle liability insurance. A prosecutor who determines that the person has failed to obtain motor vehicle liability insurance may notify the court that the prosecutor is prepared to proceed with prosecuting the offense and the court is to schedule court proceedings, as appropriate. A prosecutor who moves before the court to postpone proceedings against a person who violates the compulsory motor vehicle insurance law, is required to enter into a deferral agreement with that person. If, after a minimum of six months from the date of the deferral agreement, the prosecutor is satisfied that the person maintained motor vehicle liability insurance he or she may move before the court to dismiss the charges. A person who enters into a deferral agreement is required to pay a surcharge of $245. Of the $240 assessment: (1) $120 is to be paid to the county or municipality in which the person entered the agreement to pay for the cost of the Uninsured Vehicle Enforcement Diversion Program; (2) $120 is to be paid to the municipal, county, or State authority that issued the summons for the cost of equipping, operating, and monitoring the Uninsured Vehicle Enforcement and Compliance Program, including but not limited to, contractual payments to third party entities providing essential services and equipment for the detection of violations of the compulsory motor vehicle insurance law; and (3) five dollars is to be paid to the Public Employees' Retirement System.

AI Summary

Committee Categories

Joe Danielsen (D)*, 

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 01/13/2026)

Official Document