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AI Summary
The bill mandates disclosure of AI use in criminal investigations, defines 'covered artificial intelligence', requires retention of AI-generated drafts, and allows civil action by the Attorney General for equitable or declaratory relief.
Business Impact
If you operate in criminal investigations in Virginia, you must disclose AI use and retain AI-generated drafts by January 1, 2025, or face penalties.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
House Bill 1294 in Virginia focuses on the use of artificial intelligence in criminal investigations, requiring law enforcement to disclose any use of covered AI tools in police reports and to the individual under investigation or their counsel within 30 days of AI use upon arrest or issuance of a summons. It also mandates retention of AI-generated drafts for as long as the final report is retained and audit trails including video/audio footage used.
Key Provisions
- Requires disclosure of covered AI use in police reports and to the individual under investigation or their counsel within 30 days of AI use upon arrest or issuance of a summons.
- Mandates retention of the first draft of AI-generated reports for as long as the final report is retained.
- Establishes an audit trail for AI-generated content in reports, including identifying the person who used AI, changes made, and any video/audio footage used.
- Requires police reports to be submitted to the attorney for the Commonwealth upon arrest or issuance of a summons.
- Allows the Attorney General to investigate and bring a civil action against law enforcement agencies to enforce compliance, specifically to obtain equitable or declaratory relief, and residents to enforce compliance through civil actions, with residents providing written notice, reasonably calculated to enable the law-enforcement agency to cure the alleged violation, 90 days prior to filing.
- Defines 'covered artificial intelligence' and its applications in law enforcement.
Latest Legislative Action
Continued to next session in Communications, Technology and Innovation (Voice Vote)
Bill Sponsors (showing 5 of 8)
| Name | Role |
|---|---|
| Kaye Kory | Primary |
| Nadarius E. Clark D | Primary |
| Rodney T. Willett | Primary |
| Sam Rasoul D | Primary |
| Wendy W. Gooditis | Primary |
Compliance Checklist
Disclose use of covered AI in police reports
Who: Law enforcement agencies
Deadline: Upon arrest or issuance of a summons
Penalty: Civil action may be brought against the agency
Who: Law enforcement agencies
Deadline: Upon arrest or issuance of a summons
Penalty: Civil action may be brought against the agency
Retain first draft of AI-generated reports
Who: Law enforcement agencies
Deadline: As long as the final report is retained
Penalty: Civil action may be brought against the agency
Who: Law enforcement agencies
Deadline: As long as the final report is retained
Penalty: Civil action may be brought against the agency
Provide notice of alleged violations
Who: Residents wishing to file suit
Deadline: At least 90 days prior to filing suit
Penalty: Failure to provide notice may bar the lawsuit
Who: Residents wishing to file suit
Deadline: At least 90 days prior to filing suit
Penalty: Failure to provide notice may bar the lawsuit
Full Legal Analysis
House Bill 1294 introduces significant requirements for the use of artificial intelligence in criminal investigations by law enforcement in Virginia. The bill defines 'covered artificial intelligence' and its applications in law enforcement. It mandates that any use of 'covered artificial intelligence' be disclosed in police reports and to the individual under investigation or their counsel within 30 days of AI use upon arrest or issuance of a summons. Additionally, it requires police reports to be submitted to the attorney for the Commonwealth upon arrest or issuance of a summons. The bill also mandates audit trails, including identifying the person who used AI, changes made, and any video/audio footage used. It requires the retention of the first draft of any report or record created in whole or in part by generative AI for as long as the final report is retained. Furthermore, the Attorney General may investigate and bring a civil action against law enforcement agencies to enforce compliance, specifically to obtain equitable or declaratory relief. Residents must provide written notice, reasonably calculated to enable the law-enforcement agency to cure the alleged violation, 90 days prior to filing a civil action.
Official Source
Official Bill Text
View HB1294 on official legislature website →
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