Bill > HB635

This bill establishes the Artificial Intelligence Chatbots Act, which will regulate "companion chatbots," defined as generative AI systems with a natural language interface that simulate a sustained human-like relationship by retaining user information, asking unsolicited questions, or sustaining ongoing personal dialogues. Operators of these chatbots must ensure they are incapable of encouraging minors to engage in self-harm, suicidal ideation, violence, drug/alcohol consumption, disordered eating, illegal activities, or sexually explicit interactions, and cannot offer mental health therapy without professional supervision or discourage users from seeking professional help. Operators must also use age screens to identify minors and provide clear, persistent disclosures to users of all ages that they are interacting with a chatbot, not a human, with pop-up notifications at login, every 90 minutes of engagement, and upon user request. Furthermore, companion chatbots must have a protocol to reasonably detect and address expressions of suicidal ideation or self-harm, including referring users to crisis services like the 9-8-8 hotline. The bill also includes data privacy requirements, prohibiting the training of a chatbot's underlying model with a minor's input without parental consent, and transparency requirements, mandating operators to make an anonymized catalog of adverse incidents publicly available, publish safety test findings, and release semiannual reports on instances where the chatbot discussed sensitive topics or provided mental health redirects. Violations of these provisions will be considered prohibited practices under the Virginia Consumer Protection Act, carrying penalties as outlined therein, and the act is set to become effective on January 1, 2027.

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https://lis.virginia.gov/bill-details/20261/HB635