WHAT THIS BILL REGULATES · 4 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.
(A) As used in this section: "Artificial intelligence-based toolArtificial intelligence-based tool"Artificial intelligence-based tool" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.Va. Code § 19.2-11.14(A)" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions. "Covered artificial intelligenceCovered artificial intelligence"Covered artificial intelligence" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligence" includes (i) biometric identification; (ii) forensic DNA phenotyping; (iii) forensic investigative genetic genealogy; (iv) cross-camera tracking; (v) vehicle surveillance or tracking, including automated license plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis; (xiii) fraud detection; (xiv) analysis of financial transactions; and (xv) social network or social media analysis. "Covered artificial intelligence" does not mean artificial intelligence that is used for administrative tasks that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar.Va. Code § 19.2-11.14(A)" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligenceCovered artificial intelligence"Covered artificial intelligence" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligence" includes (i) biometric identification; (ii) forensic DNA phenotyping; (iii) forensic investigative genetic genealogy; (iv) cross-camera tracking; (v) vehicle surveillance or tracking, including automated license plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis; (xiii) fraud detection; (xiv) analysis of financial transactions; and (xv) social network or social media analysis. "Covered artificial intelligence" does not mean artificial intelligence that is used for administrative tasks that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar.Va. Code § 19.2-11.14(A)" includes (i) biometric identification; (ii) forensic DNA phenotyping; (iii) forensic investigative genetic genealogy; (iv) cross-camera tracking; (v) vehicle surveillance or tracking, including automated license plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis; (xiii) fraud detection; (xiv) analysis of financial transactions; and (xv) social network or social media analysis. "Covered artificial intelligenceCovered artificial intelligence"Covered artificial intelligence" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligence" includes (i) biometric identification; (ii) forensic DNA phenotyping; (iii) forensic investigative genetic genealogy; (iv) cross-camera tracking; (v) vehicle surveillance or tracking, including automated license plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis; (xiii) fraud detection; (xiv) analysis of financial transactions; and (xv) social network or social media analysis. "Covered artificial intelligence" does not mean artificial intelligence that is used for administrative tasks that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar.Va. Code § 19.2-11.14(A)" does not mean artificial intelligence that is used for administrative tasks that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar. "Law-enforcement officerLaw-enforcement officer"Law-enforcement officer" means the same as that term is defined in § 9.1-101.Va. Code § 19.2-11.14(A)" means the same as that term is defined in § 9.1-101.
Subsection A establishes the defined terms used throughout the section. The bill retains the existing definition of artificial intelligence-based tool and adds two new definitions: covered artificial intelligence and law-enforcement officer. The covered artificial intelligence definition is notably broad, encompassing fifteen enumerated investigative technologies — from biometric identification and forensic DNA phenotyping to predictive policing and social media analysis — plus any generative AI used to write or materially assist in writing police reports. Administrative AI tools (productivity software, spelling and grammar checkers) are expressly excluded.
(B) 1 All decisions related to the pre-trial detention or release, prosecution, adjudication, sentencing, probation, parole, correctional supervision, or rehabilitation of criminal offenders shall be made by the judicial officer or other person charged with making such decision. No such decision shall be made without the involvement of a human decision-maker. The use of any recommendation or prediction from an artificial intelligence-based toolArtificial intelligence-based tool"Artificial intelligence-based tool" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.Va. Code § 19.2-11.14(A) shall be subject to any challenge or objection permitted by law.
Subsection B is the existing provision carried forward from the original statute. It requires that all criminal justice decisions — including pre-trial detention, prosecution, adjudication, sentencing, probation, parole, and rehabilitation — must be made by the judicial officer or other person charged with the decision. No such decision may be made without human involvement, and any AI recommendation or prediction is subject to challenge or objection permitted by law.
(C)(1st paragraph) 2 Any use of covered artificial intelligenceCovered artificial intelligence"Covered artificial intelligence" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligence" includes (i) biometric identification; (ii) forensic DNA phenotyping; (iii) forensic investigative genetic genealogy; (iv) cross-camera tracking; (v) vehicle surveillance or tracking, including automated license plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis; (xiii) fraud detection; (xiv) analysis of financial transactions; and (xv) social network or social media analysis. "Covered artificial intelligence" does not mean artificial intelligence that is used for administrative tasks that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar.Va. Code § 19.2-11.14(A) in a criminal investigation by a law-enforcement officerLaw-enforcement officer"Law-enforcement officer" means the same as that term is defined in § 9.1-101.Va. Code § 19.2-11.14(A) shall be disclosed in the official police report filed for such investigation. Upon arrest or issuance of a summons following a criminal investigation, the official police report shall be submitted to the attorney for the Commonwealth and provided to counsel for the individual under investigation or directly to the individual under investigation if not represented by counsel. Any use of covered artificial intelligenceCovered artificial intelligence"Covered artificial intelligence" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligence" includes (i) biometric identification; (ii) forensic DNA phenotyping; (iii) forensic investigative genetic genealogy; (iv) cross-camera tracking; (v) vehicle surveillance or tracking, including automated license plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis; (xiii) fraud detection; (xiv) analysis of financial transactions; and (xv) social network or social media analysis. "Covered artificial intelligence" does not mean artificial intelligence that is used for administrative tasks that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar.Va. Code § 19.2-11.14(A) by the law-enforcement agency in a criminal investigation subsequent to arrest shall be disclosed to the attorney for the Commonwealth and the individual under investigation as soon as practicable but no later than 30 calendar days following such use.
(C)(2nd paragraph, items 1–2) 2 Disclosure of the use of covered artificial intelligenceCovered artificial intelligence"Covered artificial intelligence" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligence" includes (i) biometric identification; (ii) forensic DNA phenotyping; (iii) forensic investigative genetic genealogy; (iv) cross-camera tracking; (v) vehicle surveillance or tracking, including automated license plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis; (xiii) fraud detection; (xiv) analysis of financial transactions; and (xv) social network or social media analysis. "Covered artificial intelligence" does not mean artificial intelligence that is used for administrative tasks that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar.Va. Code § 19.2-11.14(A) in the official police report shall include: 1. The name and a description of the covered artificial intelligenceCovered artificial intelligence"Covered artificial intelligence" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligence" includes (i) biometric identification; (ii) forensic DNA phenotyping; (iii) forensic investigative genetic genealogy; (iv) cross-camera tracking; (v) vehicle surveillance or tracking, including automated license plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis; (xiii) fraud detection; (xiv) analysis of financial transactions; and (xv) social network or social media analysis. "Covered artificial intelligence" does not mean artificial intelligence that is used for administrative tasks that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar.Va. Code § 19.2-11.14(A); and 2. A brief description of the covered artificial intelligenceCovered artificial intelligence"Covered artificial intelligence" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligence" includes (i) biometric identification; (ii) forensic DNA phenotyping; (iii) forensic investigative genetic genealogy; (iv) cross-camera tracking; (v) vehicle surveillance or tracking, including automated license plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis; (xiii) fraud detection; (xiv) analysis of financial transactions; and (xv) social network or social media analysis. "Covered artificial intelligence" does not mean artificial intelligence that is used for administrative tasks that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar.Va. Code § 19.2-11.14(A)'s role in the investigation, including whether it was used to generate an investigative lead or identify or aid in the identification of a suspect, witness, or victim.
Subsection C is the core new disclosure obligation added by HB 1294. It requires law-enforcement officers to disclose any use of covered artificial intelligence in the official police report. Upon arrest or issuance of a summons, the report must be submitted to the attorney for the Commonwealth and provided to defense counsel (or directly to the individual if unrepresented). Post-arrest AI use must be disclosed within 30 calendar days. The required disclosure must include (1) the name and description of the covered AI and (2) a brief description of the AI's role in the investigation, including whether it was used to generate leads or identify suspects, witnesses, or victims.
(D)(1)–(3) 3 An official police report or other law-enforcement record generated during a criminal investigation that was created in whole in or in part by using generative artificial intelligence shall: 1. Include a disclaimer that the report or record contains content generated by artificial intelligence; 2. Where technically feasible, identify the specific content in the report or record that was generated by artificial intelligence; and 3. Include a certification by the author of the report or record that the author has read and reviewed the report or record for accuracy.
Subsection D imposes content-labeling requirements on police reports or other law-enforcement records created in whole or in part using generative AI. Reports must carry (1) a disclaimer that the report contains AI-generated content, (2) identification of the specific AI-generated content where technically feasible, and (3) a human accuracy certification by the report's author. This creates a layered labeling regime: a general disclaimer, granular content-level identification, and a human-in-the-loop verification step.
(E) 4 The first draft of any report or record created in whole or in part by using generative artificial intelligence shall be retained for as long as the final report is retained. The program used to generate a draft or final report shall maintain an audit trail that, at a minimum, identifies (i) the person who used artificial intelligence to create or edit the report; (ii) any changes made to the report following the initial draft; and (iii) the video and audio footage used to create a report, if any.
Subsection E creates record-retention and audit-trail obligations for AI-generated law-enforcement reports. The first draft of any AI-generated report must be retained for as long as the final report is retained. The program used to generate the report must maintain an audit trail that identifies at minimum: (i) the person who used AI to create or edit the report, (ii) any changes made after the initial draft, and (iii) the video and audio footage used to create the report, if any. This creates a chain-of-custody requirement for AI-assisted report generation.
(F) The Attorney General may investigate and, if warranted, bring a civil action against any law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of this section.
Subsection F grants the Attorney General authority to investigate and bring civil actions against law-enforcement agencies for violations of the section. Relief is limited to equitable and declaratory remedies — no monetary damages are specified for AG enforcement.
(G)(1st paragraph) Any person who resides within the jurisdiction of a law-enforcement agency that is subject to the requirements of this section may bring a civil action against the law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of this section. A prevailing plaintiff shall be entitled to reasonable attorney fees and costs.
(G)(2nd paragraph) No action may be commenced against a law-enforcement agency under this section unless the plaintiff has provided written notice of the alleged violation to the law-enforcement agency at least 90 days prior to filing suit to enable the law-enforcement agency to cure the alleged violation.
Subsection G creates a private right of action for any person residing within the jurisdiction of a covered law-enforcement agency. Prevailing plaintiffs are entitled to reasonable attorney fees and costs. However, no action may be commenced unless the plaintiff provides 90 days' written notice to the agency prior to filing, giving the agency an opportunity to cure the alleged violation. This is an enforcement mechanism — not a substantive compliance obligation.