Technology

Use of unmanned aircraft systems by law-enforcement officers; search warrants; model policy. Expedites the issuance of a search warrant for unmanned aircraft systems by law-enforcement officers upon a finding of reasonable and probable cause by an authorized judicial official, as defined in the bill, and permits the use of unmanned aircraft systems without a search warrant when law enforcement is surveying the scene of a crime or to respond to a public safety call for service when such crime scene or call for service is located on public property, to locate a person when such person has fled the offense location during the initial response to an incident, or to provide real-time aerial observation to increase on-scene safety and security. Such provisions are subject to a reenactment clause. The bill also requires the Department of Criminal Justice Services, in consultation with the Virginia Indigent Defense Commission and the Virginia Association of Commonwealth's Attorneys, to establish a model policy for the use of unmanned aircraft systems by December 1, 2026. This bill is identical to HB 1219.

School boards; student cell phone and smart device possession and use policies. Amends the requirements for the student cell phone and smart device possession and use policies that each school board is required to develop and each public elementary and secondary school is required to implement pursuant to applicable law to require such policies to, except as provided in applicable law, restrict student cell phone and smart device possession and prohibit student cell phone and smart device use on school property from bell to bell. Current law only requires such policies to restrict student cell phone and smart device possession and use on school property from bell to bell.

Virginia Residential Landlord and Tenant Act; algorithmic pricing device use by certain landlords; civil penalties. Requires a landlord, defined in the bill as a landlord who owns more than 10 rental dwelling units or more than a 10 percent interest in more than 10 rental dwelling units, whether individually or through a business entity, in the Commonwealth, who uses an algorithmic pricing device, defined in the bill, to establish the advertised rent, renewal rent, or rent offered to a prospective tenant to disclose such use in writing to the tenant or the prospective tenant under the Virginia Residential Landlord and Tenant Act. The bill provides that, upon request, a landlord shall provide to the tenant or prospective tenant a plain-language summary of the general factors considered by the algorithmic pricing device in determining rent, and that a tenant or prospective tenant shall be entitled to a human review of any rent determination or renewal increase generated or recommended by an algorithmic pricing device. The bill allows the Attorney General to seek an injunction and civil penalties to restrain any violations of the bill.

Elections; political campaign advertisements; synthetic media; penalty. Prohibits electioneering communications containing synthetic media, as those terms are defined in the bill, from being published or broadcast without containing the following conspicuously displayed statement: "This message contains synthetic media that has been altered from its original source or artificially generated and may present conduct or speech that did not occur." The bill creates a civil penalty not to exceed $25,000 for a violation of such prohibition and a Class 1 misdemeanor for a willful violation. The bill permits any registered voter who receives an electioneering communication in violation of this requirement to institute an action for preventative relief to prohibit the publication or dissemination of such electioneering communication, including an application for a permanent or temporary injunction.

Local approval of data centers; temporary moratorium. Prohibits final approval of any application for a rezoning, special exception, special use permit, site plan, or plan of development for the siting of a new data center by a locality until the earlier of (i) the fulfillment of all pending requests for interconnection to distribution service by an electric utility customer that is a data center or (ii) July 1, 2028.

Artificial Intelligence Chatbots and Minors Act established; prohibited practices; penalties. Creates the Artificial Intelligence Chatbots and Minors Act to require that deployers that operate or distribute a chatbot in the Commonwealth (i) ensure that any chatbot operated or distributed by the deployer does not make human-like features, defined in the bill, available to minors to use, interact with, purchase, or converse with and (ii) implement reasonable age verification systems to ensure that chatbots with human-like features are not made available to minors. The bill also requires deployers operating or distributing a chatbot that is a social artificial intelligence companion, defined in the bill, to ensure such chatbot is not available to minors. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.

Circuit court clerks; fees; Technology Trust Fund Fee; report; recordation tax of certain deeds; report. Increases the Technology Trust Fund Fee from $5 to $8. The bill also increases the amount of the fee to be allocated for one of the purposes as described in current law from $4 to $6. The bill authorizes the remaining $2 of the fee to be allocated to individual circuit court clerks' offices for one of the purposes as described in current law. The bill also provides that no recordation tax shall be required of a quitclaim deed or deed to correct a fraudulently recorded deed, including a deed of trust, between a grantor and grantee when no consideration has passed between the parties. Finally, the bill directs (i) the clerk in each circuit court in the Commonwealth to provide detailed information to the Compensation Board and the Auditor of Public Accounts on the total amount of local Technology Trust Fund Fee revenue collected and expended and (ii) the Compensation Board to aggregate such information and submit a report summarizing the information to the Chairs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by December 1, 2026.

Use of artificial intelligence system by mental health service providers; civil penalty. Permits the use of an artificial intelligence system by mental health service providers to assist in providing therapy or counseling services if such mental health service provider maintains full responsibility for all interactions, outputs, and data use associated with the system. The bill prohibits the use of an artificial intelligence system to provide therapy or counseling services without a mental health service provider. The bill specifies that records kept by mental health service providers must comply with health records privacy requirements; creates an exception for religious counseling, peer support, or self-help materials and educational resources; and establishes a civil penalty not to exceed $10,000 for violations of the statute.

Department of Education; artificial intelligence system use in instructional settings; development of AIS safety guidance required; AIS Innovation in Education Pilot Program established; report. Requires the Department of Education, in consultation with school divisions and other relevant stakeholders, to compile information on current uses of artificial intelligence systems (AIS) for student instruction in public schools in the Commonwealth and to establish and post in a publicly accessible location on its website guidance for the safe, ethical, and equitable use of AIS in instructional settings in public elementary and secondary schools. The bill requires each school board to establish, implement, and enforce policies consistent with the guidance developed by the Department in accordance with the provisions of the bill. The bill also directs the Department to establish and oversee the AIS Innovation in Education Pilot Program for the purpose of funding, evaluating, and scaling innovative uses of AIS in public elementary and secondary schools by providing support to school divisions in piloting AIS applications for instruction, tutoring, student engagement, operational efficiency, and teacher support and to submit an annual report to the Chairs of the House Committee on Education and the Senate Committee on Education and Health by December 1. The Pilot Program has an expiration date of July 1, 2030. This bill is identical to SB 394.

Public schools; student instruction; addictive potential of time spent using certain electronic devices. Requires instruction concerning time spent using electronic devices such as computers, cell phones, and other smart devices and the addictive potential thereof to be provided by the public schools as prescribed by the Board of Education. This bill is identical to HB 1486.