State AI law
Virginia
AI laws
We track 68 artificial-intelligence bills and regulations in Virginia. 24 have been signed or enacted, and 14 are still moving.
Last updated Oct 15, 2026 · How we collect and check bills
Where Virginia’s bills stand
68 bills- Introduced
- 0
- In committee
- 11
- Passed a chamber
- 3
- Signed or enacted
- 24
- Dead or vetoed
- 30
Overview
How Virginia regulates AI
Virginia has 68 published AI-related bills in our register, 24 of them signed or enacted. Every bill below links to its own page with the status, dates and a plain-English summary.
Industries these bills touch
Virginia AI law guides
For reporters
As of October 16, 2026, Virginia has enacted 24 AI laws, according to AI Laws by State. That is the 4th most among the 50 states and D.C.
Free to quote and reuse with credit to AI Laws by State. Cite as: AI Laws by State, “Virginia AI laws,” ailawsbystate.com/state/VA, accessed October 16, 2026.
Deepfake Laws in Virginia
Virginia has enacted deepfake legislation. See how it compares with other states, including penalties, scope and enforcement.
Virginia AI bills
RSS feed for VirginiaDepartment of Corrections; language access and translation services for inmates.
Virginia HB 553 (2026) adds Code 53.1-1.3 on language access in state prisons. Internet, machine-learning and artificial-intelligence based translation services may be used for language assistance and for translating essential documents only where the service is certified or specifically built to provide accurate translations, and a qualified interpreter is still required for sensitive, confidential or privileged communications. Effective July 1, 2026.
Artificial intelligence; use of systems for student instruction.
Virginia's HB 1186 adds Code § 22.1-20.2:1. The Department of Education, consulting school divisions and stakeholders, must compile how public schools use AI for instruction and post guidance for its safe, ethical and equitable use. The guidance covers student data privacy (FERPA, COPPA), teacher training, transparency, data agreements that bar using student or division data to train outside AI models, and bias, and must ensure approved AI uses give teachers access to transcripts of students' AI interactions. School boards must adopt policies following it. If funded, the Department runs an AI pilot program; that authority expires July 1, 2030. Identical to SB 394; effective July 1, 2026.
Artificial intelligence; use of systems for student instruction.
Virginia's SB 394 adds Code § 22.1-20.2:1. The Department of Education, consulting school divisions and stakeholders, must compile how public schools use AI for instruction and post guidance for its safe, ethical and equitable use. The guidance covers student data privacy (FERPA, COPPA), teacher training, transparency, data agreements that bar using student or division data to train outside AI models, and bias, and must ensure approved AI uses give teachers access to transcripts of students' AI interactions. School boards must adopt policies following it. If funded, the Department runs an AI pilot program; that authority expires July 1, 2030. Identical to HB 1186; effective July 1, 2026.
Autonomous vehicles; work group to conduct an assessment of workforce impacts, etc.
Virginia's HB 1124 directs the autonomous-vehicle work group convened by the Secretary of Transportation (with the Secretary of Public Safety and Homeland Security) under Chapter 498 of 2025 to assess the workforce impacts of autonomous vehicles, including an overview of job losses and gains. The group must include stakeholders from the auto manufacturing industry and labor representatives from the passenger and product carrier business, and complete its assessment of labor impacts by November 1, 2026. Approved April 13, 2026 (Chapter 738); effective July 1, 2026.
Artificial intelligence; framework for person/entity acting as an independent verification org.
Virginia's HB 797 directs the Joint Commission on Technology and Science (JCOTS) to study whether to create a framework for independent verification organizations that would assess whether AI models or applications follow best-practice standards for preventing personal injury and property damage. JCOTS weighs the risks of AI deployed in Virginia, measurable risk metrics, existing mitigation standards, other states' approaches and the fiscal impact; if it recommends a framework, it also studies licensing such organizations. Report due November 1, 2026. Identical to SB 384; effective July 1, 2026.
Artificial intelligence; framework for person/entity acting as an independent verification org.
Virginia's SB 384 directs the Joint Commission on Technology and Science (JCOTS) to study whether to create a framework for independent verification organizations that would assess whether AI models or applications follow best-practice standards for preventing personal injury and property damage. JCOTS weighs the risks of AI deployed in Virginia, measurable risk metrics, existing mitigation standards, other states' approaches and the fiscal impact; if it recommends a framework, it also studies licensing such organizations. Report due November 1, 2026. Identical to HB 797; effective July 1, 2026.
Autonomous truck-mounted attenuators; pilot program authorized.
Virginia's HB 582 adds Code § 33.2-274.2, letting VDOT run a pilot of autonomous truck-mounted attenuators (ATMAs), the crash-cushion trucks that trail road crews, in mobile work zones moving at no more than 25 mph. In the pilot, ATMAs may drive in autonomous mode without a human driver aboard in active work zones on state-maintained highways, in a leader-follower setup watched by a remote operator who can steer or stop them; outside work zones a human must drive. Units must pass a VDOT-approved test plan. Expires December 31, 2031. Identical to SB 320; effective July 1, 2026.
Autonomous truck-mounted attenuators; pilot program authorized.
Virginia's SB 320 adds Code § 33.2-274.2, letting VDOT run a pilot of autonomous truck-mounted attenuators (ATMAs), the crash-cushion trucks that trail road crews, in mobile work zones moving at no more than 25 mph. In the pilot, ATMAs may drive in autonomous mode without a human driver aboard in active work zones on state-maintained highways, in a leader-follower setup watched by a remote operator who can steer or stop them; outside work zones a human must drive. Units must pass a VDOT-approved test plan. Expires December 31, 2031. Identical to HB 582; effective July 1, 2026.
Insurance; standards of conduct for public adjusters, unauthorized practice of public adjusting.
Virginia HB 437 (Chapter 142 of 2026) tightens rules for public adjusters, who negotiate property insurance claims for policyholders. Its AI-relevant provision is Va. Code § 38.2-1845.23 D: a written or electronic ad that uses an unlicensed spokesperson must say the person is a paid or unpaid, unlicensed spokesperson endorsing the adjuster, and "shall also disclose if a computer-generated digital avatar is used." The licensed adjuster named in the ad must personally review it. The rest of the act covers unlicensed adjusting, assignment of benefits and conduct toward vulnerable adults. Effective July 1, 2026.
Internet safety; instruction to include key modern digital safety topics.
Virginia HB 171 (2026) amends Code 22.1-70.2 so each school division's internet safety policy includes instruction on key modern digital safety topics, including online scams, misinformation and content generated by artificial intelligence. Effective July 1, 2026.
Political campaign advertisements; synthetic media, penalty.
Virginia's SB 141 (2026 Regular Session) would have required electioneering communications with synthetic media to carry a conspicuous statement, with a civil penalty up to $25,000 and a Class 1 misdemeanor for willful violations. It passed the Senate 34-4; the House substituted different text, and the bill failed in conference on March 14, 2026.
Consumer Data Protection Act; social media platforms & model operators, interoperability interfaces.
Virginia's SB 85 (2026 Regular Session) would have required social media platforms and operators to build third-party interoperability interfaces letting users share social graph data and contextual data tied to AI systems, as the user designates. It passed the Senate 40-0 on February 10, 2026 but was tabled in House committee on March 9, 2026.
Fully autonomous vehicles; commercial use, civil penalty.
Virginia's SB 670 (2026 Regular Session) would regulate commercial use of fully autonomous vehicles that carry property or passengers for a commercial enterprise. Operators would need an autonomous operation license first. It passed the Senate 35-4 on February 12, 2026, then was continued to 2027 in House Transportation on March 5, 2026.
Higher educational institutions; JLARC to study artificial intelligence use policies.
House Joint Resolution 32 directs the Joint Legislative Audit and Review Commission (JLARC) to study AI use policies at Virginia's institutions of higher education. JLARC surveys policies adopted or under consideration and evaluates how they address academic integrity, data privacy, equity and access, transparency, and faculty autonomy; develops a model AI policy; and recommends tools, curricula and resources for a statewide clearinghouse. Agreed to by the House February 11 and the Senate March 3, 2026. A joint resolution needs no Governor's signature and does not change the law.
Artificial Intelligence Companion Chatbots and Minors Act; established, enforcement, civil penalty.
Virginia's SB 796 (2026 Regular Session) would create the Artificial Intelligence Chatbots and Minors Act. Covered entities would have to implement reasonable systems and processes, try to notify emergency services of imminent risk and report covered incidents to the Attorney General. Passed the Senate 39-1; continued to 2027 in the House on March 2, 2026.
Artificial Intelligence Chatbots and Minors Act; established, prohibited practices, penalties.
Virginia's HB 758 (2026) would have created the Artificial Intelligence Chatbots and Minors Act (Code §§ 59.1-614 to 59.1-616). Deployers that operate or distribute a chatbot in Virginia would have had to keep "human-like features" away from minors, use reasonable age verification, and keep social AI companion chatbots unavailable to minors. A violation would have been a prohibited practice under the Virginia Consumer Protection Act. The bill died: a House subcommittee recommended laying it on the table (7-3) on February 4, 2026, and it was left in committee February 18, 2026.
Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act; established.
Virginia's HB 713 (2026 Regular Session) would have created the FAIR AI Act, requiring developers of base AI models to disclose listed items in their terms of service and limiting defenses in harm actions. As introduced it would have taken effect July 1, 2027. It failed: left in House Appropriations Committee on February 18, 2026.
Mental health service providers; use of artificial intelligence system, civil penalty.
Virginia's HB 668 (2026 Regular Session) would have let mental health service providers use AI for administrative and supplementary support but barred using AI to provide therapy or counseling without a provider. As introduced, violations carried a civil penalty up to $10,000. It failed: left in House Communications, Technology and Innovation Committee on February 18, 2026.
Impersonation of certain licensed professionals by chatbot; definitions, notice, civil liability.
Virginia's HB 669 (2026 Regular Session) would have barred chatbots from acting as licensed professionals. As introduced, a chatbot proprietor could not let a chatbot give responses or take actions that would be the unlicensed practice of fields such as medicine, nursing, dentistry, psychology or law. It failed: left in House Appropriations Committee on February 18, 2026.
Virginia Human Rights Act; equal credit opportunities, Virginia Fair Housing Law, nondiscrimination.
Virginia's HB 999 (2026 Regular Session) would have made it an unlawful discriminatory practice to use an automated decision system in decisions under the Human Rights Act, equal credit law or Fair Housing Law that results in discrimination. The House General Laws substitute focused on credit. It failed: left in House Appropriations Committee on February 18, 2026.
Automated driving systems; requirements for operation, civil penalties, report.
Virginia's HB 1125 (2026), in the proposed House Transportation Committee substitute (HB1125HC1), would have allowed fully autonomous vehicles (SAE level 4 or 5) to carry property or passengers commercially without a human driver if the Department of Motor Vehicles issued an autonomous operation license, and would have required $1 million in third-party liability coverage, set civil penalties of up to $1,000 per offense, and barred localities from prohibiting their operation. It was left in the Transportation Committee on February 18, 2026 and died.
Artificial Intelligence Workforce Impact Act; established, report.
Virginia's HB 310 (2026 Regular Session) would have created the Artificial Intelligence Workforce Impact Act. As introduced, state agencies would report quarterly to the Department of Human Resource Management on workforce impacts of AI systems; a subcommittee substitute would instead have required annual reports beginning January 1, 2028. The bill failed: left in House Appropriations Committee on February 18, 2026.
Employment decisions; automated decision systems, civil penalty.
Virginia's HB 1514 (2026 Regular Session) would have regulated automated decision systems used in employment decisions. State agencies using one as a substantial factor would have had to ensure legal compliance, disclose its use, offer an opt-out, test it annually and train staff, and no employer could make a final employment decision without a human decision maker. It failed: left in House Appropriations Committee on February 18, 2026.
Political campaign advertisements; synthetic media, penalty.
Virginia's HB 982 (2026 Regular Session) would have barred electioneering communications containing synthetic media from being published or broadcast without a conspicuous statement that the message may present conduct or speech that did not occur, with a civil penalty up to $25,000, a Class 1 misdemeanor for willful violations, and voter injunction suits. Left in committee on February 18, 2026; it failed.
Warehouse employers; required disclosures and recordkeeping, civil penalties.
Virginia's HB 1451 (Labor and Commerce Committee substitute) would require employers of 500 or more employees at warehouse distribution centers to give nonexempt employees written descriptions of each quota, related incentives and potential adverse action, and to state if an automated or algorithmic management system monitors performance against a quota. Employers would keep work-speed records and could not retaliate; adverse action within 90 days would be presumed retaliatory. Continued to 2027 in House Labor and Commerce on February 10, 2026; not passed.
Artificial Intelligence Chatbots Act; established, prohibited practices, penalties.
Virginia's HB 635 (2026 Regular Session) would create the Artificial Intelligence Chatbots Act. As introduced, an operator could not offer a companion chatbot in Virginia unless it is incapable of certain specified actions, and would have to show non-human disclosures and have a suicide and self-harm protocol. Continued to 2027 on February 9, 2026.
Data brokers; regulation, civil penalties.
Virginia's HB 638 (2026 Regular Session) would regulate data brokers. It would bar acquiring personally identifiable information by fraud, or to stalk, harass, commit fraud or unlawfully discriminate; require data brokers to keep an information security program; and require annual registration with the Secretary of the Commonwealth beginning December 1, 2027. Continued to 2027 in committee on February 9, 2026.
Political campaign advertisements; synthetic media, penalty.
Virginia's HB 868 (2026 Regular Session) would bar electioneering communications containing synthetic media from being published or broadcast without a conspicuous statement that the message contains synthetic media that may present conduct or speech that did not occur. A violation would carry a civil penalty up to $25,000 and a willful violation a Class 1 misdemeanor. Continued to 2027 in committee on February 6, 2026.
Virginia Fair Housing Law, et al.; personalized algorithmic pricing disclosures, prohibitions.
Virginia's SB 585 as introduced would require disclosure of personalized algorithmic pricing by residential property owners, landlords and multiple listing services, ban using protected class data to set housing prices, and bar landlords from using coordinating algorithmic software to set rents or facilitate agreements not to compete. Prefiled January 14, 2026; the Senate General Laws and Technology Committee passed it by indefinitely (15-0) February 4, 2026, so it did not pass.
Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act; established.
Virginia's SB 365 (2026 Regular Session) would create the FAIR AI Act. A developer of a base AI model would have to disclose in its terms of service the model's name, developer, incorporation location, release date and other listed items; the disclosure would not be a defense to liability. Continued to 2027 in committee on February 4, 2026.
Virginia Residential Landlord and Tenant Act; algorithmic pricing device use by certain landlords.
Virginia's HB 1252 (as introduced) would add Code § 55.1-1204.2. A landlord with more than 10 rental dwelling units (or more than a 10 percent interest in more than 10) who uses an algorithmic pricing device to set advertised, renewal or offered rent would have to disclose that use in writing, give a plain-language summary of factors on request, and allow human review of rent determinations. The Attorney General could seek an injunction and civil penalties up to $1,000 per violation. Continued to 2027 in the House General Laws Committee on February 3, 2026; it has not passed either house.
Law-enforcement agencies & sheriff's dept.; policy on use of covered artificial intelligence syst.
Virginia's HB 1170 (2026 Regular Session) would have required the Department of Criminal Justice Services to set a model policy for law-enforcement use of covered AI systems by October 1, 2026, and local agencies, sheriffs and State Police to adopt policies meeting it by January 1, 2027. It failed: tabled in House committee February 2, 2026.
Use of artificial intelligence-based tools; covered artificial intelligence, disclosure of use.
Virginia's HB 1294 (2026 Regular Session) would amend Code 19.2-11.14 to require police reports to disclose any use of covered artificial intelligence in a criminal investigation, and to require that AI-assisted report drafts be retained. Continued to 2027 in the House Communications, Technology and Innovation Committee on February 2, 2026.
Law-enforcement agencies; use of certain technology & interrogation practices; forensic laboratory.
Virginia's HB 1261 (2026 Regular Session) would direct the Department of Criminal Justice Services to set a framework for law-enforcement use of generative AI, machine learning systems and audiovisual surveillance technologies and for interrogations, with model policies and training. Continued to 2027 in committee on February 2, 2026.
Digital innovation & infrastructure; establishing rights in digital property & technology resources.
Virginia's HB 1521 (2026 Regular Session) would create the Virginia Digital Innovation and Infrastructure Act (Code 59.1-607 et seq.), establishing rights in digital property and technology resources, requiring risk management policies for critical infrastructure controlled by critical AI systems, and preempting local regulation. Continued to 2027 on February 2, 2026.
Law enforcement; artificial intelligence inventory, civil action.
Virginia's HB 1295 (2026 Regular Session) would add Code 9.1-116.11, requiring every state and local law-enforcement agency and sheriff's department to inventory the covered AI systems it uses and publish the inventory by November 1 each year. Continued to 2027 in the House committee on February 2, 2026.
Law-enforcement agencies; use of certain technologies & interrogation practices; forensic lab.
Virginia's HB 1257 (2026 Regular Session) would direct the Department of Criminal Justice Services to set a framework for law-enforcement use of generative AI, machine learning systems and audiovisual surveillance technologies and for interrogations, with model policies and training. Continued to 2027 in committee on February 2, 2026.
Custodial interrogations; false statements to a child prohibited, inauthentic replica documents.
Virginia's HB 2692 amends Code § 16.1-247.1 to bar law-enforcement officers from knowingly and intentionally making false statements about known material facts, including by using inauthentic replica documents, before or during a custodial interrogation of a child to secure the child's cooperation, confession or conviction. Inauthentic replica documents include computer-generated documents created by any means, including AI. If an officer knowingly violates the rule, the child's statements are inadmissible in a delinquency or criminal proceeding against the child unless the prosecution proves they were made knowingly, intelligently and voluntarily. Chapter 669; effective July 1, 2025.
Political campaign advertisements; synthetic media, penalty.
Vetoed. Virginia's SB 775 (2025) would have barred sponsoring an electioneering communication (a paid message naming a candidate, aimed at voters within 60 days of the election) containing synthetic media, meaning deceptively altered or AI-generated images or audio of an identifiable person, unless it conspicuously stated that it contains synthetic media that may present conduct or speech that did not occur. Violations would have carried civil penalties up to $25,000 and, if willful, a Class 1 misdemeanor; voters could have sued to stop the ads. Governor Youngkin vetoed it (the Senate received the veto March 25, 2025), and the Senate sustained the veto April 2, 2025.
Artificial intelligence-based tool; definition, use of tool.
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.
Political campaign advertisements; synthetic media, penalty.
Vetoed. Virginia's HB 2479 (2025) would have barred sponsoring an electioneering communication (a paid message naming a candidate, aimed at voters within 60 days of the election) containing synthetic media, meaning deceptively altered or AI-generated images or audio of an identifiable person, unless it conspicuously stated that it contains synthetic media that may present conduct or speech that did not occur. Violations would have carried civil penalties up to $25,000 and, if willful, a Class 1 misdemeanor; voters could have sued to stop the ads. Governor Youngkin vetoed it (March 24, 2025), and the House sustained the veto April 2, 2025.
Autonomous driving systems; Secretary of Transportation to convene work group to study.
Virginia HB 2627 (2025) directs the Secretary of Transportation, with the Secretary of Public Safety and Homeland Security, to convene a work group of VDOT, State Police, DMV, legislators and stakeholders on the operational, technical and legal issues raised by autonomous driving systems, considering federal and other states' rules and AAMVA and AASHTO recommendations. The work group must draft legislation to govern autonomous driving systems, finish meeting by September 1, 2026 and report by November 1, 2026. Effective July 1, 2025.
Synthetic digital content; definition, penalty, report, effective clause.
Virginia's HB 2124 (2025) would treat AI-made synthetic digital content that realistically but falsely depicts a person as "words" under the insulting-words, defamation-mitigation and criminal slander laws, and make using it for the purpose of a fraud crime a separate Class 1 misdemeanor, with a civil claim for the person depicted. Those changes needed reenactment by the 2026 General Assembly, which did not reenact them, so they are not in the Code of Virginia. The act also had the Attorney General convene a work group, which reported in January 2026. Approved March 24, 2025 (Chapter 398); identical to SB 1053.
Synthetic digital content; definition, penalty, report, effective clause.
Virginia's SB 1053 (2025) would treat AI-made synthetic digital content that realistically but falsely depicts a person as "words" under the insulting-words, defamation-mitigation and criminal slander laws, and make using it for the purpose of a fraud crime a separate Class 1 misdemeanor, with a civil claim for the person depicted. Those changes needed reenactment by the 2026 General Assembly, which did not reenact them, so they are not in the Code of Virginia. The act also had the Attorney General convene a work group, which reported in January 2026. Approved March 24, 2025 (Chapter 407); identical to HB 2124.
Unauthorized use of name, portrait, etc.; digital replica, civil liability, statute of limitations.
Virginia's HB 2462 (2025 Regular Session) would have amended Code § 8.01-40 to extend the suit for unauthorized use of a person's name, portrait or picture to voice and likeness, and created civil liability for unauthorized digital replicas in expressive audiovisual works or sound recordings made without written consent. The Senate version also made platforms liable for failing to promptly remove a replica after notice. The chambers passed different versions and the bill failed in conference on February 22, 2025.
High-risk artificial intelligence; development, deployment, and use by public bodies, report.
Virginia's HB 2046 (2025 Regular Session) would have set requirements for public bodies' development, deployment and use of high-risk artificial intelligence systems, had the Chief Information Officer publish matching policies and procedures, and convened a work group on local governments' ability to comply. As passed by the House, substantive requirements would take effect July 1, 2027. It passed the House 51-47 but failed to pass on February 22, 2025.
High-risk artificial intelligence; development, deployment, and use by public bodies, report.
Virginia's SB 1214 (2025 Regular Session) would have set requirements for state public bodies' development, deployment and use of high-risk artificial intelligence systems, had the Chief Information Officer publish matching policies and procedures, and convened a work group on local governments' ability to comply. It passed the Senate 40-0 but was left in House Appropriations on February 18, 2025; it failed.
Law-enforcement agencies; use of certain technologies and interrogation practices.
Virginia's HB 2433 (2025 Regular Session) would have had the Department of Criminal Justice Services set a framework for law-enforcement use of generative AI, machine learning systems, audiovisual surveillance technologies and interrogations, with model policies by January 1, 2026 and agency policies by July 1, 2026. It also covered forensic laboratory accreditation. Left in committee on February 5, 2025; it failed.
Digital Content Authenticity and Transparency Act; established, civil penalty.
Virginia's HB 2121 (2025 Regular Session) would have created the Digital Content Authenticity and Transparency Act, requiring generative AI developers to apply provenance data to synthetic content and offer a public provenance tool and reader, with Attorney General enforcement and civil penalties. Left in committee on February 4, 2025; it failed.
Artificial Intelligence Transparency Act; established.
Virginia's HB 2554 (2025 Regular Session) would have created the Artificial Intelligence Transparency Act, requiring developers of generative AI systems that produce audio, images, text or video to include a clear and conspicuous disclosure on AI-generated content and to prevent downstream use without it. Left in committee on February 4, 2025; it failed.
School Safety Firearm Detection Software Pilot Program; established.
Virginia's HB 1818 (2025 Regular Session) would have created a School Safety Firearm Detection Software Pilot Program under the Public School Security Equipment Grant Act of 2013, awarding grants for AI software that analyzes school security-camera video to detect firearms in two Title 1 schools in each congressional district. Left in House Appropriations on February 4, 2025; it failed.
Emerging Technologies, Cybersecurity, and Data Privacy, Division of; established.
Virginia's HB 2268 (2025 Regular Session) would have created a Division of Emerging Technologies, Cybersecurity, and Data Privacy in the Department of Law to oversee and enforce laws on cybersecurity, data privacy and the use of AI, with an annual report to the Joint Commission on Technology and Science by November 1. Left in Appropriations on February 4, 2025; it failed.
Artificial Intelligence Training Data Transparency Act; transparency and disclosure requirements.
Virginia's HB 2250 (2025 Regular Session) would have amended the Consumer Data Protection Act and added an Artificial Intelligence Training Data Transparency Act (new Title 59.1 chapter, §§ 59.1-607 through 59.1-611) with requirements for generative AI developers. It would also have allowed third-party opt-out of data processing and required consent to process adolescents' data. Left in committee on February 4, 2025; it failed.
Consumer Counsel, Division of; expands duties, artificial intelligence fraud and abuse.
Virginia's HB 2411 (2025 Regular Session) would have expanded the duties of the Division of Consumer Counsel in the Department of Law to include programs addressing artificial intelligence fraud and abuse, including a statewide fraud and abuse alert system. A committee amendment struck the AI references. Left in Appropriations on February 4, 2025; it failed.
Artificial Intelligence Transparency Act; established.
Virginia's SB 1161 (2025 Regular Session) would have created the Artificial Intelligence Transparency Act, requiring developers of generative AI systems that produce audio, images, text or video to include a clear and conspicuous disclosure on AI-generated content and to prevent downstream use without it. Passed by indefinitely in committee on January 24, 2025; it failed.
Digital Content Authenticity and Transparency Act; established, civil penalty.
Virginia's SB 1417 (2025 Regular Session) would have created the Digital Content Authenticity and Transparency Act, requiring generative AI developers to apply provenance data to synthetic content and offer a public provenance tool and reader, with Attorney General enforcement and civil penalties. Passed by indefinitely in committee on January 24, 2025; it failed.
Law-enforcement agencies; surveillance technology reporting.
Virginia HB 1496 (2024) creates an annual inventory of police surveillance technology. Every state and local law-enforcement agency and sheriff's office must give the Department of Criminal Justice Services a list of the surveillance technologies it has procured by November 1 each year. Surveillance technology expressly includes biometric surveillance technology such as facial, voice, iris and gait recognition software and databases, and software that integrates or analyzes surveillance data, including predictive policing software. DCJS shares the lists with the State Crime Commission and the Joint Commission on Technology and Science. Effective July 1, 2024.
Artificial intelligence by public bodies; Joint Commission on Technology and Science to analyze use.
Virginia SB 487 (2024) directs the Joint Commission on Technology and Science, with stakeholders, to analyze the use of artificial intelligence by public bodies and whether to create a Commission on Artificial Intelligence. The analysis covers policies for procuring, implementing and continually assessing AI systems, preventing unlawful discrimination and disparate impact, requiring impact assessments, and the possible commission's makeup and duties, with a report to the money and technology committees by December 1, 2024. It incorporates SB 621. Effective July 1, 2024.
Child pornography; production, publication, sale, financing, etc.
Virginia SB 731 (2024) expands the definition of child pornography in Code 18.2-374.1 to cover sexually explicit visual material that depicts a minor in a state of nudity or engaged in sexual conduct where the depiction is obscene, and states that for this clause the minor depicted does not have to actually exist. The existing clause covering images created, adapted or modified using an identifiable real minor's likeness remains. The change reaches AI-generated and other synthetic child sexual abuse material; the act itself does not use the words 'artificial intelligence'. Effective July 1, 2024.
Synthetic media; use in furtherance of crimes involving fraud, etc., report.
Virginia's HB 697 (2024 Regular Session) would have made it a Class 1 misdemeanor to use synthetic media to commit a criminal offense involving fraud, let the person depicted sue for actual damages and attorney fees, and had the Attorney General convene a work group on deepfake enforcement. It passed the House 98-0 but was continued to 2025 in Senate committee on February 19, 2024; it failed.
Synthetic media; expands applicability of provisions related to defamation, etc., penalty.
Virginia's SB 571 (2024 Regular Session) would have extended defamation, slander and libel provisions to synthetic media and made it a Class 1 misdemeanor to generate, create or use deceptive audio or visual media to commit a fraud offense, with a rebuttable presumption, a civil action for the person depicted and an Attorney General work group. Continued to 2025 in committee on February 12, 2024; it failed.
Artificial intelligence; Joint Commission on Technology and Science to study advancements.
Virginia's SJ 14 (2024 Regular Session) was a Senate joint resolution that would have directed the Joint Commission on Technology and Science to study advancements in artificial intelligence, including deepfakes, data privacy, misinformation and discrimination. It would not have changed the law. Continued to 2025 in committee on February 7, 2024; it failed.
Facial recognition technology; authorized uses.
Virginia SB 741 (2022) replaced the 2021 local police ban with a regulated framework. Local police, campus police and the State Police may use facial recognition only for listed authorized uses, with systems approved by the Division of Purchases and Supply and evaluated by NIST at 98 percent true-positive accuracy or better with minimal demographic variation. The State Police publish a model policy, agencies report annually, a match cannot by itself establish probable cause for a warrant, and misuse is a Class 3 misdemeanor. The act states its provisions expire July 1, 2026.
Facial recognition technology; local law-enforcement agencies, etc., authorization of use.
Virginia HB 2031 (2021) prohibited local law-enforcement agencies and campus police departments from purchasing or deploying facial recognition technology unless a statute expressly authorizes it, and required any authorizing statute to keep the data under the agency's exclusive control, confidential and reachable only by warrant. Agencies already using it had to stop on July 1, 2021. Facial recognition technology is defined as an electronic system for enrolling, capturing, extracting, comparing and matching geometric facial data; airports with commercial service are exempt. SB 741 (2022) replaced the ban with an authorization framework.
Hospitals, nursing homes, and certified nursing facilities; patient access to intelligent personal assistant.
Virginia HB 2154 (2021 Special Session I) directs the Board of Health to require hospitals, nursing homes and certified nursing facilities to have policies allowing patients to use their own intelligent personal assistant during an inpatient stay. An intelligent personal assistant is a combination of an electronic device and a specialized software application that helps users with basic tasks using natural language processing and artificial intelligence, including digital and virtual assistants. Effective July 1, 2021.
Electric personal delivery devices; operation on sidewalks, shared-use paths, etc.
Virginia SB 758 (2020) revises the state's law on delivery robots. A personal delivery device is a powered device used on sidewalks and crosswalks to transport property, weighing no more than 500 pounds (up from 50) and capable of navigating with or without the active control or monitoring of a natural person; it is not a motor vehicle. The act defines the personal delivery device operator as the entity that controls or monitors the device's navigation, lets localities regulate the devices, and requires them to be allowed on the side of roads posted at 25 mph or less where there is no sidewalk. Effective July 1, 2020.
Unlawful dissemination or sale of images of another; penalty.
Virginia's 2019 law closes a gap in the crime of maliciously disseminating or selling nude or partially nude images of another person with intent to coerce, harass or intimidate (Code 18.2-386.2, a Class 1 misdemeanor). 'Another person' now includes a person whose image was used in creating, adapting or modifying a videographic or still image with intent to depict an actual person who is recognizable by face, likeness or other distinguishing characteristic, so deepfake intimate images are covered. Service providers are not liable for content provided by others. Effective July 1, 2019.
Unlawful dissemination or sale of images of another; penalty.
Virginia's 2019 law closes a gap in the crime of maliciously disseminating or selling nude or partially nude images of another person with intent to coerce, harass or intimidate (Code 18.2-386.2, a Class 1 misdemeanor). 'Another person' now includes a person whose image was used in creating, adapting or modifying a videographic or still image with intent to depict an actual person who is recognizable by face, likeness or other distinguishing characteristic, so deepfake intimate images are covered. Service providers are not liable for content provided by others. Effective July 1, 2019.
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