AI Frontier Institute

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

View primary source →

HB 1294 (Virginia, introduced January 15, 2026) has not been enacted. It was continued to the next session in the Communications, Technology and Innovation Committee. If enacted, it would amend § 19.2-11.14 of the Code of Virginia to regulate law-enforcement use of AI. It defines "covered artificial intelligence" as AI used to aid a criminal investigation, including generating leads, and generative AI used to write or materially aid in writing police reports or other investigation records. The definition lists examples: biometric identification, forensic DNA phenotyping, forensic investigative genetic genealogy, cross-camera tracking, vehicle surveillance including automated license plate readers, anomaly detection, gunshot detection, person-based predictive policing, risk scoring, behavioral analysis, sentiment analysis, convoy analysis, fraud detection, financial transaction analysis, and social network or social media analysis. It excludes administrative tools that do not materially alter investigations, and spelling or grammar checks. Subsection B would require that decisions on pretrial detention or release, prosecution, adjudication, sentencing, probation, parole, correctional supervision, or rehabilitation be made with a human decision-maker involved. AI recommendations would remain open to legal challenge or objection. Subsection C would require officers to disclose any use of covered AI in the official police report, including the AI's name, a description of it, and a brief description of its role, such as generating a lead or identifying a suspect, witness, or victim. After arrest or a summons, the report must go to the attorney for the Commonwealth and to defense counsel, or directly to an unrepresented individual. Covered AI used after arrest must be disclosed as soon as practicable, and no later than 30 calendar days after use. Subsection D would require police reports or records created wholly or partly with generative AI to carry an AI-content disclaimer, identify the AI-generated content where technically feasible, and include the author's certification that they reviewed the report for accuracy. Subsection E would require retaining the first draft for as long as the final report is kept. It would also require the generating program to keep an audit trail identifying who used AI to create or edit the report, changes after the first draft, and any video and audio footage used. Subsections F and G would let the Attorney General bring a civil action for equitable or declaratory relief against a law-enforcement agency. Residents of an agency's jurisdiction could do the same, with attorney fees and costs for a prevailing plaintiff. A private plaintiff must first give the agency written notice at least 90 days before filing suit so that it can cure the violation.

← Back to the tracker