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Bill > HB1294
VA HB1294
VA HB1294Use of artificial intelligence-based tools; covered artificial intelligence, disclosure of use.
summary
Introduced
01/15/2026
01/15/2026
In Committee
01/15/2026
01/15/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
Use of artificial intelligence-based tools; covered artificial intelligence; disclosure of use. Requires the use of covered artificial intelligence, as defined in the bill, in a criminal investigation to be disclosed in a police report filed for that investigation. Such a report shall be submitted to the attorney for the Commonwealth upon arrest or issuance of a summons and made available to the individual under investigation or such individual's counsel. The bill provides that any use of covered artificial intelligence subsequent to arrest shall be disclosed to the attorney for the Commonwealth and the individual under investigation as soon as practicable but no later than 30 calendar days following such use. The bill enumerates what each report shall include regarding the use of covered artificial intelligence and provides that the first draft of any report or record created in whole or in part by generative artificial intelligence shall be retained for as long as the final report is retained. The bill also provides that the program used to generate a draft or final report shall maintain an audit trail that identifies (i) the person who used artificial intelligence to create or edit the report; (ii) any changes made to the report following the initial draft; and (iii) the video and audio footage used to create a report, if any. The bill provides that the Attorney General may investigate and, if warranted, bring a civil action against any law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill and provides that a resident of the jurisdiction may bring a civil action against the law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill. The bill requires such plaintiff to provide written notice of any alleged violation to the law-enforcement agency at least 90 days prior to filing suit, in a manner that is reasonably calculated to enable the law-enforcement agency to cure the alleged violation.
AI Summary
This bill requires law enforcement agencies to disclose when they use "covered artificial intelligence" (AI) in criminal investigations, which includes AI used to generate investigative leads, identify suspects, or write police reports. Specifically, the use of covered AI in an investigation must be noted in the police report, and this report must be given to the prosecutor and the individual under investigation or their lawyer upon arrest or summons. Any subsequent use of covered AI during an investigation must also be disclosed to the prosecutor and the individual within 30 days. The disclosure must detail the type of AI used and its role in the investigation. If generative AI, which is a type of AI that can create content like text, is used to create or significantly edit a police report, the initial draft must be kept for as long as the final report, and the program used must maintain an audit trail showing who used the AI, what changes were made, and what video or audio footage was used. The Attorney General and residents of the jurisdiction can sue law enforcement agencies to enforce these rules, but residents must give 90 days' notice of any alleged violation to allow the agency to fix it.
Committee Categories
Business and Industry
Sponsors (2)
Last Action
Continued to next session in Communications, Technology and Innovation (Voice Vote) (on 02/02/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/HB1294 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB1294/text/HB1294 |
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