AI Frontier Institute

Use of artificial intelligence-based tools; covered artificial intelligence, disclosure of use.

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Virginia House Bill 1294 (2026 Session), introduced January 15, 2026 by Patron Clark, amends § 19.2-11.14 of the Code of Virginia to regulate law enforcement use of artificial intelligence tools in criminal investigations. The bill defines 'artificial intelligence-based tool' as any machine-based system or algorithm including machine learning, predictive analytics, and decision support systems, and defines 'covered artificial intelligence' broadly to include biometric identification, forensic DNA phenotyping, forensic investigative genetic genealogy, cross-camera tracking, vehicle surveillance, anomaly detection, gunshot detection, predictive policing, risk scoring, behavioral analysis, sentiment analysis, convoy analysis, fraud detection, financial transaction analysis, and social network analysis, as well as generative AI used to write or materially aid in writing police reports. Under Section B, all pretrial, prosecution, sentencing, parole, and rehabilitation decisions must involve a human decision-maker, and AI recommendations remain subject to legal challenge. Section C requires disclosure of any covered AI use in official police reports, with details including the AI tool's name, description, and role in the investigation; post-arrest AI use must be disclosed within 30 calendar days. Section D requires that police reports created in whole or in part by generative AI include a disclaimer, identify AI-generated content where technically feasible, and carry an author certification of accuracy. Section E mandates retention of first drafts and an audit trail identifying the user, edits, and any video or audio source material. Sections F and G authorize the Attorney General and private residents to bring civil actions for equitable or declaratory relief, with prevailing plaintiffs entitled to attorney fees; private plaintiffs must provide 90 days' written notice before filing suit.

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