Assault and battery; definition of "Islamophobia"; penalty. Defines "Islamophobia" as it relates to the crime of assault and battery as malicious prejudice or hatred directed toward Islam or Muslims. This definition applies regardless of whether the victim is actually a practitioner of Islam, provided that the perpetrator targeted such victim based on a perceived adherence to such faith. The bill also clarifies that religious conviction includes Islam. The bill directs the Department of State Police, in consultation with the Office of the Attorney General and the Office of Diversity, Equity, and Inclusion, to include the bill's definition of "Islamophobia" in its hate crime reporting central repository.
A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607 through 59.1-616, relating to digital innovation and infrastructure; establishing rights in digital property and technology resources; requiring risk management policies for critical infrastructure facilities controlled by critical artificial intelligence systems; providing safe harbors; preempting local regulation; and providing for enforcement and remedies.
Department of Criminal Justice Services; law-enforcement agencies and sheriff's departments; policy on use of covered artificial intelligence systems. Requires the Department of Criminal Justice Services to establish a model policy for the use of a covered artificial intelligence system, defined in the bill, by any state or local law-enforcement agency or sheriff's department by October 1, 2026. The bill also requires each local law-enforcement agency and sheriff's department and the Department of State Police to establish and adopt a written policy for the use of a covered AI system by such agency or department that meets or exceeds the model policy established by the Department of Criminal Justice Services by January 1, 2027. The bill requires such policies be publicly available on the law-enforcement agency's or sheriff's department's website.
Use of artificial intelligence-based tools; covered artificial intelligence; disclosure of use. Requires the use of covered artificial intelligence, as defined in the bill, in a criminal investigation to be disclosed in a police report filed for that investigation. Such a report shall be submitted to the attorney for the Commonwealth upon arrest or issuance of a summons and made available to the individual under investigation or such individual's counsel. The bill provides that any use of covered artificial intelligence subsequent to arrest shall be disclosed to the attorney for the Commonwealth and the individual under investigation as soon as practicable but no later than 30 calendar days following such use. The bill enumerates what each report shall include regarding the use of covered artificial intelligence and provides that the first draft of any report or record created in whole or in part by generative artificial intelligence shall be retained for as long as the final report is retained. The bill also provides that the program used to generate a draft or final report shall maintain an audit trail that identifies (i) the person who used artificial intelligence to create or edit the report; (ii) any changes made to the report following the initial draft; and (iii) the video and audio footage used to create a report, if any. The bill provides that the Attorney General may investigate and, if warranted, bring a civil action against any law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill and provides that a resident of the jurisdiction may bring a civil action against the law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill. The bill requires such plaintiff to provide written notice of any alleged violation to the law-enforcement agency at least 90 days prior to filing suit, in a manner that is reasonably calculated to enable the law-enforcement agency to cure the alleged violation.
Law enforcement; artificial intelligence inventory; civil action. Requires all law-enforcement agencies, defined in the bill as any state or local law-enforcement agency or sheriff's department, to conduct an inventory of any covered artificial intelligence system, defined in the bill, used by such agency and to make such inventory publicly available by November 1 of each year. The bill also provides that the Attorney General may investigate and, if warranted, bring a civil action against any law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill and provides that a resident of the jurisdiction may bring a civil action against the law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill. The bill requires such plaintiff to provide written notice of any alleged violation to the law-enforcement agency at least 90 days prior to filing suit, in a manner that is reasonably calculated to enable the law-enforcement agency to cure the alleged violation.
Law-enforcement agencies; use of certain technologies and interrogation practices; forensic laboratory accreditation. Directs the Department of Criminal Justice Services (the Department) to establish a comprehensive framework for the use of generative artificial intelligence (AI) systems, 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 in the use of generative AI, machine learning systems, and audiovisual surveillance technologies and in conducting interrogations. The bill provides that the Department shall establish and publish such model policies by January 1, 2027, and that all law-enforcement agencies shall adopt policies consistent with such model policies by July 1, 2027. The bill requires any person employed as a law-enforcement officer prior to July 1, 2026, to complete the training required by the bill by January 1, 2030. 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 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, 2030.
Local anti-rent gouging authority; civil penalty. Provides that any locality may by ordinance adopt anti-rent gouging provisions. The bill provides for notice and a public hearing prior to the adoption of such ordinance and specifies that all landlords who are under the ordinance may be required to give at least 90 days' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, not to exceed three percent, and states that such allowance is effective for a 12-month period beginning July 1 each year. The bill requires the locality to publish such allowance on its website by June 1 of each year. Certain facilities, as outlined in the bill, are exempt from such ordinance. The bill also requires a locality adopting an anti-rent gouging ordinance to establish an anti-rent gouging board to establish rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance or delegate such duties and functions to an existing local board, department, or agency. The bill also requires the anti-rent gouging board to establish a fair return on investment rent increase exemption to the annual anti-rent gouging allowance where necessary to offset increased operating expenses. Finally, the bill provides that a locality shall establish a civil penalty for failure to comply with the requirements set out in its ordinance.
Constitutional amendment (first reference); qualifications of voters; 16-year-olds permitted to vote. Provides that, notwithstanding the requirement that a voter shall be 18 years of age, any person who is 16 years of age or older and is otherwise qualified to vote shall be permitted to register to vote and to vote in local elections.
Noise ordinances; industrial property; civil penalties. Removes the exemption for noise generated in connection with the business being performed on industrial property from being subject to civil penalties for violations of local noise ordinances.
Approval of land use applications; residential development. Requires every locality to take final action to approve, approve with conditions, or deny any land use application for the rezoning or development of property that includes residential development within 12 months from the date of submission of such application to the locality.
Zoning; development and use of accessory dwelling units. Requires a locality to include in its zoning ordinances for single-family residential zoning districts accessory dwelling units, or ADUs, as defined in the bill, as a permitted accessory use. The bill requires a person to seek a permit for an ADU from the locality, requires the locality to issue such permit if the person meets certain requirements enumerated in the bill, and restricts the fee for such permit to $500 or less. The bill prohibits the locality from requiring (i) construction of new dedicated parking for an ADU in most instances; (ii) setbacks for the ADU more than five feet from the property line; (iii) conditions for ADUs that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, rear or side setbacks, lot size or coverage, or building frontage; or (iv) consanguinity or affinity between the occupants of the ADU and the primary dwelling. The bill has a delayed effective date of July 1, 2027.
Judicial Council of Virginia, Virginia State Bar, and Virginia Bar Association; work group to evaluate representation by guardians ad litem in child custody cases; report. Directs the Judicial Council of Virginia, in conjunction with the Virginia State Bar and the Virginia Bar Association, to convene a work group composed of relevant stakeholders to evaluate the ratio of cases involving the custody of a child to the number of reasonably available qualified guardians ad litem throughout the Commonwealth and to make recommendations relating to additional support that may be needed based on such ratios. The bill requires the work group to report such findings and recommendations to the Chairs of the House and Senate Committees for Courts of Justice by November 30, 2026.
