Regulon.AI — VA-HB-1294 · VA HB 1294 (Law Enforcement AI Disclosure)

Summary

Amends Virginia Code § 19.2-11.14 to require law-enforcement officers to disclose the use of covered artificial intelligence in criminal investigations within official police reports, including the name, description, and role of the AI tool. Reports or records created using generative AI must carry a disclaimer, identify AI-generated content where feasible, and include a human accuracy certification. First drafts and audit trails of AI-generated reports must be retained. Enforceable by the Attorney General via civil action for equitable or declaratory relief, and by private right of action for residents of the relevant jurisdiction, subject to a 90-day pre-suit cure notice. Prevailing private plaintiffs may recover attorney fees and costs.

Enforcement & Penalties

Enforcement Authority

Attorney General may investigate and bring a civil action against any law-enforcement agency for equitable or declaratory relief. Private right of action available to any person residing within the jurisdiction of a subject law-enforcement agency, for equitable or declaratory relief. Plaintiff must provide written notice of the alleged violation to the law-enforcement agency at least 90 days prior to filing suit to enable the agency to cure the alleged violation.

Penalties

Equitable and declaratory relief only — no monetary damages are specified. A prevailing plaintiff in a private action is entitled to reasonable attorney fees and costs. No statutory damages, civil penalties, or actual damages provisions.

Who Is Covered

What Is Covered

"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.

"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.

Compliance Obligations 5 obligations · click obligation ID to open requirement page

H-01 Human Oversight of Automated Decisions · H-01.6 · Government · Government System

Va. Code § 19.2-11.14(B)

Plain Language

Every decision regarding pre-trial detention, release, prosecution, adjudication, sentencing, probation, parole, correctional supervision, or rehabilitation must be made by the responsible judicial officer or authorized human decision-maker — never by an AI system alone. AI-based tools may inform these decisions, but a human must always be involved. Any AI recommendation or prediction used in such decisions remains subject to all legal challenges or objections available under existing law. This provision predates the new subsections added by HB 1294 but is reenacted as part of the amended section.

Statutory Text

B. 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 tool shall be subject to any challenge or objection permitted by law.

PS-01 Government AI Accountability · Government · Government SystemBiometrics

Va. Code § 19.2-11.14(C)

Plain Language

Every time a law-enforcement officer uses covered artificial intelligence during a criminal investigation, the use must be documented in the official police report. The disclosure must identify the AI tool by name and description, and explain how it was used — specifically, whether it generated an investigative lead or aided in identifying a suspect, witness, or victim. Upon arrest or issuance of a summons, the report must be provided to both the prosecutor (attorney for the Commonwealth) and defense counsel (or the individual directly if unrepresented). If covered AI is used after an arrest, disclosure to the prosecutor and the individual must occur within 30 calendar days. Administrative AI tools (e.g., spell-check, document management) are excluded from the definition of covered AI.

Statutory Text

C. Any use of covered artificial intelligence in a criminal investigation by a law-enforcement officer 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 intelligence 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. Disclosure of the use of covered artificial intelligence in the official police report shall include: 1. The name and a description of the covered artificial intelligence; and 2. A brief description of the covered artificial intelligence'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.

T-02 AI Content Labeling & Provenance · T-02.1 · Government · Government System

Va. Code § 19.2-11.14(D)

Plain Language

Any police report or law-enforcement record produced during a criminal investigation using generative AI must: (1) carry a disclaimer that it contains AI-generated content; (2) where technically feasible, specifically identify which portions were generated by AI; and (3) include a certification from the human author that they have read and reviewed the document for accuracy. This applies to reports written in whole or in part by generative AI but does not apply to mere spell-checking or grammar-checking, which are excluded from the definition of covered AI.

Statutory Text

D. 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.

G-01 AI Governance Program & Documentation · G-01.3 G-01.4 · Government · Government System

Va. Code § 19.2-11.14(E)

Plain Language

Law-enforcement agencies must retain the first draft of any AI-generated report or record for the same duration as the final version. The AI program used must maintain an audit trail identifying: who used AI to create or edit the report, all changes made after the initial draft, and any video or audio footage used as input. This creates a documentation and records-retention obligation that ensures the provenance and revision history of AI-generated law-enforcement records can be reconstructed for litigation, oversight, or audit purposes.

Statutory Text

E. 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.

Other · Government System

Va. Code § 19.2-11.14(F)-(G)

Plain Language

The Attorney General may investigate and sue law-enforcement agencies for equitable or declaratory relief. Any resident within the jurisdiction of a subject law-enforcement agency may also bring a civil action for equitable or declaratory relief, with reasonable attorney fees and costs available to prevailing plaintiffs. Private plaintiffs must provide 90 days' written notice to the agency before filing suit, giving the agency an opportunity to cure the alleged violation. These provisions establish enforcement mechanisms but do not create independent compliance obligations.

Statutory Text

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. G. 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. 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.