HB 2433

Abstract

Law-enforcement agencies; use of certain technologies and interrogation practices; forensic laboratory accreditation. Directs the Department of Criminal Justice Services to establish a comprehensive framework for the use of generative artificial intelligence (AI), machine learning systems, audiovisual surveillance technologies, and custodial and noncustodial interrogations of adults and juveniles by law-enforcement agencies, which shall include (i) developing policies and procedures and publishing model policies for the use of generative AI, machine learning systems, and audiovisual surveillance technologies and interrogation practices and (ii) establishing compulsory minimum training standards for basic training and recertification of law-enforcement officers on the use of generative AI, machine learning systems, audiovisual surveillance technologies, and conducting interrogations. The bill provides that the Department shall establish and publish such model policies by January 1, 2026, and that all law-enforcement agencies shall adopt policies consistent with such model policies by July 1, 2026. The bill requires any person employed as a law-enforcement officer prior to July 1, 2025, to complete the training required by the bill by January 1, 2029. The bill also provides that no local law-enforcement agency or campus police department shall operate a forensic laboratory, defined in the bill, unless such forensic laboratory is accredited by an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed. The bill also prohibits local law-enforcement agencies and campus police departments from purchasing any equipment or instrument that is intended to be used in forensic laboratory analysis or any breath test device, presumptive chemical test, or presumptive mobile instrument unless such equipment, instrument, device, or test has been approved by the Department of Forensic Science or the Forensic Science Board. Such provisions of the bill have a delayed effective date of January 1, 2029.

A BILL to amend and reenact §§ 9.1-101, as it is currently effective and as it shall become effective, 9.1-102, and 9.1-1110 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 17 of Title 15.2 a section numbered 15.2-1723.3 and by adding a section numbered 23.1-815.2, relating to law-enforcement agencies; use of certain technologies and interrogation practices; forensic laboratory accreditation.