WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
"Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101 or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101 or general purpose artificial intelligence model is made available to deployers or consumers.
"Covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.
This section amends the existing definitions in Title 9.1 (Department of Criminal Justice Services) to add two new defined terms: artificial intelligence system and covered AI system. The AI system definition is broad — any machine learning-based system that infers from inputs how to generate outputs — but excludes systems still in development, prototyping, or research before being made available to deployers or consumers. The covered AI system definition is specifically scoped to AI used to aid law-enforcement investigations and includes an extensive illustrative list of covered technologies ranging from biometric identification and predictive policing to mobile device forensics and social media analysis, while carving out purely administrative tools and generative AI used only for spelling or grammar checks.
These definitions are enacted in two versions of § 9.1-101 to account for a pre-existing staged amendment effective July 1, 2026. Both versions add identical new defined terms.
(73) 1 Establish a model policy for the use of a covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101 by any state or local law-enforcement agency or sheriff's department. Such model policy shall be made publicly available on the Department's website and shall (i) describe the authorized uses of covered AI systemsCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101 by such agencies or departments; (ii) prohibit any use of a covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101 not explicitly authorized; (iii) describe data collection, use, sharing, and retention practices; (iv) prohibit use of any covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101 in a manner that targets an individual on the basis of race, ethnicity, religion, gender, or sexual orientation, or other protected characteristic unless that characteristic is part of a specific subject description; (v) require compliance with any requirements related to the disclosure of use of a covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101 in criminal investigation; and (vi) include an acknowledgment that a violation of the model policy may result in administrative disciplinary action.
This section adds subdivision 73 to the existing enumerated powers and duties of the Department of Criminal Justice Services (DCJS). The new subdivision directs DCJS to establish a model policy for the use of covered AI systems by any state or local law-enforcement agency or sheriff's department. The model policy must be published on the Department's website and must address six substantive elements: authorized uses, a default prohibition on unauthorized uses, data governance practices, anti-discrimination protections, compliance with criminal-investigation disclosure requirements, and an acknowledgment of administrative disciplinary consequences for violations.
The anti-discrimination element is notable: it prohibits using a covered AI system in a manner that targets an individual on the basis of race, ethnicity, religion, gender, sexual orientation, or other protected characteristic, with a narrow exception when the characteristic is part of a specific subject description. The model policy must be established by October 1, 2026, per the bill's enactment clause 2.
(A) For the purpose of this section: "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101 or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101 or general purpose artificial intelligence model is made available to deployers or consumers. "Covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.
(B) 2 Each local law-enforcement agency and sheriff's department shall establish and adopt a written policy for the use of a covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101 by such agency or department that meets or exceeds the model policy established by the Department of Criminal Justice Services pursuant to § 9.1-102. Such policy shall be publicly available on the law-enforcement agency or sheriff's department website.
This new section requires every local law-enforcement agency and sheriff's department in Virginia to establish and adopt a written policy for the use of covered AI systems that meets or exceeds the DCJS model policy established under § 9.1-102. The adopted policy must be publicly available on the agency's or department's website. The section restates the definitions of artificial intelligence system and covered AI system for self-contained readability.
Under the bill's enactment clause 3, agencies must adopt their written policies by January 1, 2027.
(A) For the purpose of this section: "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101 or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101 or general purpose artificial intelligence model is made available to deployers or consumers. "Covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.
(B) 3 The Department of State Police (the Department) shall establish and adopt a written policy for the use of a covered AI systemCovered AI system"Covered AI system" means any AI system used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration or by writing or materially aiding in writing police reports or other records relating to a criminal investigation. "Covered AI system" includes technologies that perform biometric identification; forensic DNA phenotyping; forensic investigative genetic genealogy; cross-camera tracking or other artificial intelligence-enabled location tracking; vehicle surveillance or tracking, including automated license plate readers; anomaly detection; gunshot detection; person-based predictive policing; risk scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud detection; analysis of financial transactions; mobile device forensic tools; artificial intelligence-enabled data integration and analytics platforms; and social network or social media analysis. "Covered AI system" does not include an AI system that is used for administrative tasks that do not materially impact investigations, such as productivity and document management tools, or generative AI technologies used to check spelling or grammar.Va. Code § 9.1-101 by a State Police officer that meets or exceeds the model policy established by the Department of Criminal Justice Services pursuant to § 9.1-102. Such policy shall be publicly available on the Department's website.
This new section imposes the same AI policy-adoption obligation on the Virginia Department of State Police as § 15.2-1723.3 imposes on local agencies and sheriff's departments. The Department of State Police must establish and adopt a written policy for the use of covered AI systems by State Police officers that meets or exceeds the DCJS model policy, and must publish the policy on the Department's website. The section restates the same definitions of AI system and covered AI system.
The adoption deadline is January 1, 2027, per enactment clause 3.
1 That the Department of Criminal Justice Services shall establish the model policy for the use of covered artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101 by any state or local law-enforcement agency or sheriff's department as required by § 9.1-102 of the Code of Virginia, as amended by this act, by October 1, 2026.
Enactment clause 2 establishes the implementation deadline for the DCJS model policy: October 1, 2026. This gives DCJS approximately nine months from introduction to develop the model policy covering authorized uses, data practices, anti-discrimination safeguards, and disciplinary consequences.
That each local law-enforcement agency and sheriff's department and the Department of State Police shall establish and adopt a written policy for the use of a covered artificial intelligence systemArtificial intelligence system"Artificial intelligence system" or "AI system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "AI system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 9.1-101 as required by §§ 15.2-1723.3 and 52-11.7 of the Code of Virginia, as created by this act, by January 1, 2027.
Enactment clause 3 establishes January 1, 2027, as the deadline by which each local law-enforcement agency, sheriff's department, and the Department of State Police must have established and adopted a written covered-AI-system policy conforming to the DCJS model. This provides approximately three months after the model policy deadline for agencies to adapt and adopt.