Criminal Justice (Policing)

Expungement of police and court records. Permits the expungement of police and court records relating to an initial charge when a person is arrested, charged, summonsed, or indicted for the commission of an infraction, a crime, or a civil offense and such person is not ultimately convicted, provided that no stipulation of facts sufficient to find guilt was entered or the court did not determine the facts sufficient to find guilt but deferred adjudication or disposition to a later date. The bill also permits that a petition may request expungement of the police and court records for multiple charges arising out of separate transactions or occurrences. The bill also provides that if a person was the subject of a delinquency or traffic proceeding and was not ultimately adjudicated delinquent or convicted, provided that no stipulation of facts sufficient to find guilt was entered or the court did not determine facts sufficient to find guilt but deferred adjudication or disposition to a later date, such matter is eligible for expungement. Lastly, the bill (i) allows certain deferred dispositions to be eligible for expungement; (ii) requires the attorney for the Commonwealth, if he files an objection to the petition for expungement, to include the factual basis for such objection; (iii) provides that the unavailability of certain information shall not be a basis for refusing expungement; (iv) requires the court, if it finds potential manifest injustice to the petitioner, to order expungement; (v) provides that the existence of a prior conviction alone shall not be a sufficient basis to deny an expungement; (vi) allows any person whose petition for relief is the subject of an appeal to proceed under a pseudonym pursuant to relevant law; and (vii) allows specifically identified emergency or preliminary protective orders to be expunged. The bill has a delayed effective date of December 1, 2026.

Discovery; methods of delivery. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law.The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court. Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.

Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to HB 247.

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, 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 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.

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 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.

Law-enforcement civilian oversight bodies; closed meetings; disclosure of certain law-enforcement records. Provides an exemption to the Virginia Freedom of Information Act to allow closed meetings for discussion or consideration by any law-enforcement civilian oversight body established pursuant to general law or established by a local governing body before July 1, 2020, and operating in a manner consistent with such law of the criminal investigative files, audit findings, and deliberations regarding police operations related to a specific complaint before the body involving any violation or attempted violation of certain offenses. The bill allows inspection of certain law-enforcement records concerning juveniles by such civilian oversight bodies when required to perform their duties and by any independent policing auditor, manager, director, or other person appointed by the local governing body to support such civilian oversight body. Finally, the bill allows disclosure of certain information regarding crimes involving sexual assault, sexual abuse, or family abuse to such civilian oversight body and independent policing auditor, manager, director, or other person appointed by the local governing body.

Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to SB 416.

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.

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.