Virginia police would adopt rules for artificial intelligence and surveillance

The Department of Criminal Justice Services would set policies and officer training standards for artificial intelligence. The framework would cover law-enforcement agencies throughout Virginia. The rules would cover software that generates content or learns from data, including its use in official documents, evidence, and surveillance information. Training standards would apply to basic training and officer recertification, the process for renewing officers’ credentials. The state would publish model policies by January 1, 2027.

The Department of Criminal Justice Services would set surveillance policies and training standards for officers who operate or access these tools. The requirements would cover Virginia police use of tools that monitor people, property, or areas, including license plate readers. Agency policies could add rules but could not contradict the state's model policy. Training would cover privacy, legal limits, and handling and keeping collected information. The state would publish model policies by January 1, 2027.

The Department of Criminal Justice Services would set questioning policies and officer training standards. The policies would cover police questioning of adults and children, whether or not police hold them in custody. Guidance would address when false promises of lighter treatment, misleading statements about evidence or witnesses, and fake documents or computer-generated recordings are lawful. Training standards would apply to basic training and renewal of officers’ credentials. The state would publish model policies by January 1, 2027.

Covered police departments would need purchase approval from the Department of Forensic Science or the Forensic Science Board. The restrictions would cover local police agencies and police departments at public colleges and universities. The laboratory equipment rule would exclude licensed physicians’ autopsies, examinations of hidden fingerprints, and digital evidence tests. It would also exclude examinations using federally approved equipment in ways that follow any applicable federal requirements. Specified breath test devices and preliminary drug or alcohol tests would have separate purchase approval requirements. These rules would not prevent prosecutors from presenting relevant evidence that courts allow. The purchase restrictions would take effect on January 1, 2030.