HB 1339

Abstract

Facial recognition technology; local law enforcement; campus police. Redefines facial recognition technology, for the purposes of providing criteria for the lawful use of facial recognition technology by law enforcement, as conducting an algorithmic comparison of images of an individual's facial features for the purposes of identification. The bill authorizes local law-enforcement agencies and campus police departments to utilize facial recognition technology for certain authorized uses as defined in the bill. The bill requires that local law-enforcement agencies and campus police departments publicly post and annually update policies regarding the use of facial recognition technology and maintain records regarding the use of facial recognition technology and report the data annually to their communities. The bill also makes it a Class 3 misdemeanor for any facial recognition technology operator employed by a local law-enforcement agency or campus police department to violate the agency or department's policy regarding the use of facial recognition technology or to conduct a search for any other reason than an authorized use. Additionally, the bill requires the Department of State Police to develop a model policy regarding the use of facial recognition technology by January 1, 2023. The bill directs the Virginia State Crime Commission to submit a report with an analysis and recommendations about the use of facial recognition technology to the Chairmen of the Senate Committee on the Judiciary and the House Committee on Public Safety by November 1, 2025. The provisions of the bill expire on July 1, 2026.

Facial recognition technology; local law enforcement; campus police. Redefines facial recognition technology, forthe purposes of providing criteria for the lawful use of facial recognitiontechnology by law enforcement, as conducting an algorithmic comparisonof images of an individual's facial features for the purposes of verification or identification. The bill authorizes local law enforcementand campus police departments to utilize facial recognition technologyfor criminal investigative and administrative investigative purposes, provided that the technology meets specified criteria. Local lawenforcement and campus police departments also are required by thebill to maintain records regarding the use of facial recognitiontechnology and report the data annually to their communities. Additionally,the bill requires the Department of State Police to develop a modelpolicy regarding the use of facial recognition technology. Undercurrent law, a local law-enforcement agency or campus police departmentcannot purchase or deploy facial recognition technology unless itis expressly authorized by statute.