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.
"Generative artificial intelligence (AI) systemGenerative artificial intelligence (AI) system"Generative artificial intelligence (AI) system" means any artificial intelligence technology or system that can generate new content, ideas, data patterns, or videos based on the input and training it has received, which includes text, images, audio, and video content.Va. Code § 9.1-101" means any artificial intelligence technology or system that can generate new content, ideas, data patterns, or videos based on the input and training it has received, which includes text, images, audio, and video content.
"Machine learning systemMachine learning system"Machine learning system" means a subset of artificial intelligence in which algorithms and statistical models are used by systems to improve their performance on a specific task through experience and data without being explicitly programmed for that task.Va. Code § 9.1-101" means a subset of artificial intelligence in which algorithms and statistical models are used by systems to improve their performance on a specific task through experience and data without being explicitly programmed for that task.
This section adds two new defined terms to the existing definitional section governing the Department of Criminal Justice Services and criminal justice agencies. Generative artificial intelligence (AI) system is defined broadly to encompass any AI technology capable of generating new content, ideas, data patterns, or videos based on input and training. Machine learning system is defined as a subset of AI that uses algorithms and statistical models to improve performance through experience and data without explicit programming. These definitions provide the terminological foundation for the operative obligations in § 9.1-102.
(66) 1 Establish a comprehensive framework for the use of generative artificial intelligence (AI) and machine learning systemsMachine learning system"Machine learning system" means a subset of artificial intelligence in which algorithms and statistical models are used by systems to improve their performance on a specific task through experience and data without being explicitly programmed for that task.Va. Code § 9.1-101 by law-enforcement agencies within the Commonwealth, which shall include:
(66)(a) 1 Developing policies and procedures for the use of generative AI and machine learning systemsMachine learning system"Machine learning system" means a subset of artificial intelligence in which algorithms and statistical models are used by systems to improve their performance on a specific task through experience and data without being explicitly programmed for that task.Va. Code § 9.1-101 in law-enforcement activities. These policies and procedures shall include guidelines on the use of generative AI and machine learning systemsMachine learning system"Machine learning system" means a subset of artificial intelligence in which algorithms and statistical models are used by systems to improve their performance on a specific task through experience and data without being explicitly programmed for that task.Va. Code § 9.1-101 in (i) preparing and completing legal instruments and public records; (ii) generating or acquiring evidence that may be referenced in legal instruments or proceedings, or custodial or noncustodial interrogations; and (iii) processing information obtained through audio, visual, or digital surveillance or any combination thereof;
(66)(b) 2 Establishing and publishing a model policy for the use of generative AI and machine learning systemsMachine learning system"Machine learning system" means a subset of artificial intelligence in which algorithms and statistical models are used by systems to improve their performance on a specific task through experience and data without being explicitly programmed for that task.Va. Code § 9.1-101 to serve as a guideline for criminal justice agencies in the Commonwealth; and
(66)(c) 3 Establishing compulsory minimum training standards for basic training and recertification of law-enforcement officersLaw-enforcement officer"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof, or any full-time or part-time employee of a private police department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, and shall include any (i) special agent of the Virginia Alcoholic Beverage Control Authority; (ii) police agent appointed under the provisions of § 56-353; (iii) officer of the Virginia Marine Police; (iv) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Wildlife Resources; (v) investigator who is a sworn member of the security division of the Virginia Lottery; (vi) conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115; (vii) full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217; (viii) animal protection police officer employed under § 15.2-632 or 15.2-836.1; (ix) campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; (x) member of the investigations unit designated by the State Inspector General pursuant to § 2.2-311 to investigate allegations of criminal behavior affecting the operations of a state or nonstate agency; (xi) employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10 or by the Department of Juvenile Justice pursuant to subdivision A 7 of § 66-3; (xii) private police officer employed by a private police department; or (xiii) person designated as a sworn unit investigator by the Attorney General pursuant to subsection A of § 32.1-320.1.Va. Code § 9.1-101 on the use of generative AI and machine learning systemsMachine learning system"Machine learning system" means a subset of artificial intelligence in which algorithms and statistical models are used by systems to improve their performance on a specific task through experience and data without being explicitly programmed for that task.Va. Code § 9.1-101;
This provision adds a new subdivision 66 to the existing powers and duties of the Department of Criminal Justice Services, directing DCJS to establish a comprehensive framework for law-enforcement use of generative AI and machine learning systems. The framework has three components: developing policies and procedures governing AI use in preparing legal instruments, generating or acquiring evidence, and processing surveillance information; establishing and publishing a model policy for criminal justice agencies; and establishing compulsory minimum training standards for law-enforcement officers. The obligation runs to DCJS as the state regulatory body — law-enforcement agencies and officers are the downstream adopters of the framework, model policy, and training standards.
4 That the Department of Criminal Justice Services shall establish and publish a model policy for the use of generative artificial intelligence (AI) and machine learning systemsMachine learning system"Machine learning system" means a subset of artificial intelligence in which algorithms and statistical models are used by systems to improve their performance on a specific task through experience and data without being explicitly programmed for that task.Va. Code § 9.1-101 as required by the provisions of this act by January 1, 2025, and all criminal justice agencies in the Commonwealth shall adopt a policy consistent with such model policy by July 1, 2025.
This enactment clause establishes two compliance deadlines: DCJS must establish and publish the model policy for generative AI and machine learning use by January 1, 2025, and all criminal justice agencies in the Commonwealth must adopt a policy consistent with the model policy by July 1, 2025. The second deadline shifts the compliance burden from DCJS to every criminal justice agency in the state, requiring each to adopt its own policy aligned with the published model.
5 That any person employed as a law-enforcement officerLaw-enforcement officer"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof, or any full-time or part-time employee of a private police department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, and shall include any (i) special agent of the Virginia Alcoholic Beverage Control Authority; (ii) police agent appointed under the provisions of § 56-353; (iii) officer of the Virginia Marine Police; (iv) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Wildlife Resources; (v) investigator who is a sworn member of the security division of the Virginia Lottery; (vi) conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115; (vii) full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217; (viii) animal protection police officer employed under § 15.2-632 or 15.2-836.1; (ix) campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; (x) member of the investigations unit designated by the State Inspector General pursuant to § 2.2-311 to investigate allegations of criminal behavior affecting the operations of a state or nonstate agency; (xi) employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10 or by the Department of Juvenile Justice pursuant to subdivision A 7 of § 66-3; (xii) private police officer employed by a private police department; or (xiii) person designated as a sworn unit investigator by the Attorney General pursuant to subsection A of § 32.1-320.1.Va. Code § 9.1-101 prior to July 1, 2024, shall complete the training required by this act by January 1, 2026.
This enactment clause requires any person employed as a law-enforcement officer before July 1, 2024 to complete the compulsory AI training established under the act by January 1, 2026. This creates a transitional compliance window ensuring that incumbent officers — not just new hires — receive training on the use of generative AI and machine learning systems in law enforcement.