AI Frontier Institute

Law enforcement; artificial intelligence inventory, civil action.

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HB 1295 has not been enacted. It was referred to the House Committee on Communications, Technology and Innovation, and a subcommittee recommended continuing it to the next session. If enacted, it would add § 9.1-116.11 to the Code of Virginia. The section would require every state or local law-enforcement agency and sheriff's department to conduct an annual inventory of "covered AI systems" and make it public by November 1 each year. Covered AI systems are AI systems that aid a criminal investigation, such as by generating leads or writing or materially helping write police reports. The definition lists technologies including biometric identification, forensic DNA phenotyping, investigative genetic genealogy, cross-camera tracking, automated license plate readers, gunshot detection, predictive policing, risk scoring, social media analysis and mobile device forensic tools. It excludes administrative tools such as productivity or document management software and generative AI used only for spelling or grammar. It also excludes AI used for development, prototyping and research before it is made available to deployers or consumers. For each system, the inventory must give (1) the name, vendor and product; (2) its capabilities and limitations; (3) its data inputs and outputs; and (4) its authorized and unauthorized uses. The Attorney General could investigate and bring a civil action for equitable or declaratory relief to enforce the section (subsection C). Any person residing within an agency's jurisdiction could also sue for equitable or declaratory relief, and a prevailing plaintiff would get reasonable attorney fees and costs (subsection D). Before suing, a plaintiff must give the agency written notice of the alleged violation at least 90 days ahead, so the agency can cure it.

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