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A BILL to amend and reenact §
19.2-11.14
of the Code of Virginia, relating to use of artificial intelligence-based tools; covered artificial intelligence; disclosure of use.
Be it enacted by the General Assembly of Virginia:
1. That §
19.2-11.14
of the Code of Virginia is amended and reenacted as follows:
§
19.2-11.14
. Use of artificial intelligence-based tool and covered artificial intelligence.
A. As used in this section
,
"
artificial
:
"
Artificial
intelligence-based tool" means any machine-based system or algorithm, including machine learning models, predictive analytics, and decision support systems, that analyze data and generate recommendations or predictions.
"Covered artificial intelligence" means any artificial intelligence used to aid a law-enforcement investigation, including by generating a lead for further investigation or corroboration, as well as
generative artificial intelligence technologies used to write or materially aid in writing police reports or other records relating to a criminal investigation. "Covered artificial intelligence" includes
(i) biometric identification; (ii)
forensic
DNA phenotyping; (iii)
forensic
investigative
genetic
genealogy
; (iv) cross-camera tracking;
(v) vehicle surveillance or tracking
,
including automated
license
plate readers; (vi) anomaly detection; (vii) gunshot detection; (viii) person-based predictive policing; (ix) risk scoring; (x) behavioral analysis; (xi) sentiment analysis; (xii) convoy analysis;
(xiii)
fraud
detection; (xiv) analysis of financial
transactions
;
and
(xv) social network or social media
analysis
. "Covered artificial intelligence" does not mean artificial intelligence that is used for administrative task
s that do not materially alter investigations, such as productivity and document management tools, or generative artificial intelligence technologies used to check spelling or grammar.
"Law-enforcement officer" means the same as that term is defined in §
9.1-101
.
B. All decisions related to the pre-trial detention or release, prosecution, adjudication, sentencing, probation, parole, correctional supervision, or rehabilitation of criminal offenders shall be made by the judicial officer or other person charged with making such decision. No such decision shall be made without the involvement of a human decision-maker. The use of any recommendation or prediction from an artificial intelligence-based tool shall be subject to any challenge or objection permitted by law.
C. Any use of covered artificial intelligence
in a criminal investigation
by a law-enforcement officer
shall be disclosed in
the
official
police report filed for
such
investigation. Upon arrest or
issuance of a summons
following a criminal investigation, the
official
police
report shall be submitted to
the attorney for the Commonwealth
and
provided
to
counsel for the individual under investigation or directly to
the individual under investigation
if not repr
esented by counsel
. Any use of covered artificial intelligence by the law-
enforcement
agency in a criminal investigation subsequent to arrest
shall
be disclosed to the
attorney for the Commonwealth
and the individual under
investigation
as soon as practicable
b
ut no later than 30 calendar days following
such
use.
Disclosure of the use of covered artificial intelligence in the
official
police
repor
t
shall include:
1.
The n
ame and a
description of
the covered artificial intelligence; and
2. A brief description of the covered artificial intelligenc
e's role in the investigation, including whether it was used to generate an investigative lead or identify or aid in the identification of a suspect, witness, or victim.
D. A
n
official
police report or other law-enforcement record generated during a criminal investigation that was created in whole in or in part by using generative artificial intelligenc
e shall:
1. Include a disclaimer that the report or record contains content generated by artificial intelligence;
2. Where technically feasible, identify the specific content in the report
or record
that was generated by artificial intelligence; and
3. Include a
certification
by the
author of the
report
or record that the author has read and reviewed the report or record for accuracy.
E.
The first draft of any report or record created in whole or in part by using generative artificial intelligence shall be retained for as long as the final report is retained. The program used to generate a draft or final report shall
maintain
an audit trail that, at
a
minimum
,
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.
F
. 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 this section.
G
.
Any person who resides within the jurisdiction of a law-enforcement agency that is subject to the requirements of this section may bring a civil action against the law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of this section. A prevailing plaintiff shall be entitled to reasonable attorney fees and costs.
No action may be commenced against a law-enforcement agency under this section unless the plaintiff has provided written notice of the alleged violation to the
law-enforcement
agency at least 90 days prior to filing
suit to enable the
law-enforcement agency
to cure the alleged violation.