In one paragraph
Virginia's HB 1642 (Code § 19.2-11.14) requires that decisions on pretrial detention or release, prosecution, adjudication, sentencing, probation, parole, correctional supervision and rehabilitation of criminal offenders be made by the judicial officer or other person charged with them, with a human decision-maker involved in every such decision. Recommendations or predictions from an AI-based tool, defined as any machine-based system or algorithm that analyzes data to generate recommendations or predictions, are subject to any challenge or objection the law allows. Enacted as Chapter 637; effective July 1, 2025.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Vendors of risk-assessment and other AI decision tools used by Virginia courts, prosecutors and corrections: tools may inform but not make these decisions, and their outputs can be challenged as the law allows.
Key provisions
- New Code § 19.2-11.14 (Chapter 1.3 of Title 19.2, Artificial Intelligence-Based Tools)
- AI-based tool: any machine-based system or algorithm, including machine learning models, predictive analytics and decision support systems, that analyzes data and generates recommendations or predictions
- Decisions on pretrial detention or release, prosecution, adjudication, sentencing, probation, parole, correctional supervision or rehabilitation of criminal offenders must be made by the judicial officer or other person charged with making them
- No such decision may be made without the involvement of a human decision-maker
- The use of any recommendation or prediction from an AI-based tool is subject to any challenge or objection permitted by law
- Enacted April 2, 2025 after the General Assembly adopted the Governor's recommendation (Chapter 637); effective July 1, 2025
Latest legislative action
Apr 2, 2025. Enacted, Chapter 637 (Effective 07/01/25)
Sponsors
| Name | Role | District |
|---|---|---|
| C.E. Hayes D | Sponsor | HD-077 |
| Karen Keys-Gamarra D | Sponsor | HD-007 |
| Nadarius Clark D | Sponsor | HD-079 |
| Rae Cousins D | Sponsor | HD-079 |
| Rozia Henson D | Sponsor | HD-019 |
Roll call votes (showing 3 of 9)
H House concurred in Governor's recommendation (96-Y 0-N) Apr 2, 2025
96 yea0 nay4 otherPassed
S Senate concurred in Governor's recommendation (40-Y 0-N) Apr 2, 2025
40 yea0 nayPassed
H Senate substitute agreed to by House (96-Y 1-N) Feb 18, 2025
96 yea1 nay3 otherPassed
Topics and industries
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error