VA SB741 | 2022 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 27 2022 - 100% progression
Action: 2022-04-27 - Governor: Acts of Assembly Chapter text (CHAP0737)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 27 2022 - 100% progression
Action: 2022-04-27 - Governor: Acts of Assembly Chapter text (CHAP0737)
Text: Latest bill text (Chaptered) [HTML]
Summary
Facial recognition technology; authorized uses; penalty. Authorizes local law-enforcement agencies, campus police departments, and the Department of State Police (the Department) to use facial recognition technology for certain authorized uses as defined in the bill. The bill requires that the appropriate facial recognition technology be determined by the Division of Purchases and Supply and that such facial recognition technology be evaluated by the National Institute of Standards and Technology and have an accuracy score of at least 98 percent true positives across all demographic groups. The bill directs the Department to develop a model policy regarding the investigative uses of facial recognition technology, including training requirements and protocols for handling requests for assistance in the use of facial recognition technology made to the Department by local law-enforcement agencies and campus police departments, to be posted publicly no later than January 1, 2023, and requires local law-enforcement agencies or campus police departments that use facial recognition technology to either adopt the Department's model policy or develop an individual policy that meets or exceeds the standards set by the Department's model policy. The bill directs local law-enforcement agencies, campus police departments, and the Department to collect and maintain certain data related to the use of facial recognition technology and to publish an annual report to provide information to the public regarding the agency's use of facial recognition technology. The bill clarifies that any match made through facial recognition technology shall not be used in an affidavit to establish probable cause for the purposes of a search or arrest warrant. Additionally, any facial recognition technology operator employed by a local law-enforcement agency, campus police department, or the Department who violates the agency's or department's policy for the use of facial recognition technology or conducts a search for any reason other than those authorized by the bill is guilty of a Class 3 misdemeanor for a first offense, and is guilty of a Class 1 misdemeanor for a second or subsequent offense. Facial recognition technology; authorized uses; penalty. Authorizes local law-enforcement agencies, campus police departments, and the Department of State Police (the Department) to use facial recognition technology for certain authorized uses as defined in the bill. The bill requires that the appropriate facial recognition technology be determined by the Division of Purchases and Supply and that such facial recognition technology be evaluated by the National Institute of Standards and Technology and have an accuracy score of at least 98 percent true positives across all demographic groups. The bill directs the Department to develop a model policy regarding the investigative uses of facial recognition technology, including training requirements and protocols for handling requests for assistance in the use of facial recognition technology made to the Department by local law-enforcement agencies and campus police departments, to be posted publicly no later than January 1, 2023, and requires local law-enforcement agencies or campus police departments that use facial recognition technology to either adopt the Department's model policy or develop an individual policy that meets or exceeds the standards set by the Department's model policy. The bill directs local law-enforcement agencies, campus police departments, and the Department to collect and maintain certain data related to the use of facial recognition technology and to publish an annual report to provide information to the public regarding the agency's use of facial recognition technology. The bill clarifies that any match made through facial recognition technology shall not be used in an affidavit to establish probable cause for the purposes of a search or arrest warrant. Additionally, any facial recognition technology operator employed by a local law-enforcement agency, campus police department, or the Department who violates the agency's or department's policy for the use of facial recognition technology or conducts a search for any reason other than those authorized by the bill is guilty of a Class 3 misdemeanor for a first offense, and is guilty of a Class 1 misdemeanor for a second or subsequent offense.
Title
Facial recognition technology; authorized uses.
Sponsors
Roll Calls
2022-04-27 - House - House: VOTE: Adoption #2 (50-Y 46-N) (Y: 50 N: 46 NV: 0 Abs: 4) [PASS]
2022-04-27 - House - House: VOTE: Adoption (49-Y 49-N) (Y: 49 N: 49 NV: 0 Abs: 2) [FAIL]
2022-04-27 - Senate - Senate: Senate concurred in Governor's recommendation (28-Y 12-N) (Y: 28 N: 12 NV: 0 Abs: 0) [PASS]
2022-03-10 - Senate - Senate: House substitute with amendments agreed to by Senate (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2022-03-09 - House - House: VOTE: Passage (54-Y 42-N) (Y: 54 N: 42 NV: 0 Abs: 4) [PASS]
2022-03-03 - House - House: VOTE: Defeated (46-Y 53-N) (Y: 46 N: 53 NV: 0 Abs: 1) [FAIL]
2022-02-25 - House - House: Reported from Public Safety with substitute (14-Y 7-N) (Y: 14 N: 7 NV: 1 Abs: 0) [PASS]
2022-02-24 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
2022-02-15 - Senate - Senate: Read third time and passed Senate (26-Y 14-N) (Y: 26 N: 14 NV: 0 Abs: 0) [PASS]
2022-02-14 - Senate - Senate: Committee substitute agreed to (26-Y 14-N) (Y: 26 N: 14 NV: 0 Abs: 0) [PASS]
2022-02-10 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-09 - Senate - Senate: Reported from General Laws and Technology with substitute (12-Y 0-N 1-A) (Y: 12 N: 0 NV: 1 Abs: 0) [PASS]
2022-01-31 - Senate - Senate: Rereferred from Judiciary (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2022-04-27 - House - House: VOTE: Adoption (49-Y 49-N) (Y: 49 N: 49 NV: 0 Abs: 2) [FAIL]
2022-04-27 - Senate - Senate: Senate concurred in Governor's recommendation (28-Y 12-N) (Y: 28 N: 12 NV: 0 Abs: 0) [PASS]
2022-03-10 - Senate - Senate: House substitute with amendments agreed to by Senate (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2022-03-09 - House - House: VOTE: Passage (54-Y 42-N) (Y: 54 N: 42 NV: 0 Abs: 4) [PASS]
2022-03-03 - House - House: VOTE: Defeated (46-Y 53-N) (Y: 46 N: 53 NV: 0 Abs: 1) [FAIL]
2022-02-25 - House - House: Reported from Public Safety with substitute (14-Y 7-N) (Y: 14 N: 7 NV: 1 Abs: 0) [PASS]
2022-02-24 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
2022-02-15 - Senate - Senate: Read third time and passed Senate (26-Y 14-N) (Y: 26 N: 14 NV: 0 Abs: 0) [PASS]
2022-02-14 - Senate - Senate: Committee substitute agreed to (26-Y 14-N) (Y: 26 N: 14 NV: 0 Abs: 0) [PASS]
2022-02-10 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-09 - Senate - Senate: Reported from General Laws and Technology with substitute (12-Y 0-N 1-A) (Y: 12 N: 0 NV: 1 Abs: 0) [PASS]
2022-01-31 - Senate - Senate: Rereferred from Judiciary (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2022-04-27 | Governor: Acts of Assembly Chapter text (CHAP0737) | |
| 2022-04-27 | House | Enacted, Chapter 737 (effective 7/1/22) |
| 2022-04-27 | House | Signed by Speaker as reenrolled |
| 2022-04-27 | Senate | Signed by President as reenrolled |
| 2022-04-27 | Senate | Reenrolled bill text (SB741ER2) |
| 2022-04-27 | Governor: Governor's recommendation adopted | |
| 2022-04-27 | House | VOTE: Adoption #2 (50-Y 46-N) |
| 2022-04-27 | House | House concurred in Governor's recommendation (50-Y 46-N) |
| 2022-04-27 | Senate | Reenrolled |
| 2022-04-27 | House | Reconsideration of Governor's recommendation agreed to |
| 2022-04-27 | House | VOTE: Adoption (49-Y 49-N) |
| 2022-04-27 | House | House rejected Governor's recommendation (49-Y 49-N) |
| 2022-04-27 | Senate | Senate concurred in Governor's recommendation (28-Y 12-N) |
| 2022-04-11 | Senate | Governor's recommendation received by Senate |
| 2022-03-22 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022 | |
| 2022-03-22 | Senate | Enrolled Bill Communicated to Governor on March 22, 2022 |
| 2022-03-22 | House | Signed by Speaker |
| 2022-03-21 | Senate | Signed by President |
| 2022-03-21 | Senate | Bill text as passed Senate and House (SB741ER) |
| 2022-03-21 | Senate | Enrolled |
| 2022-03-10 | Senate | Title replaced 22107102D-H2 |
| 2022-03-10 | Senate | House substitute with amendments agreed to by Senate (27-Y 13-N) |
| 2022-03-09 | House | VOTE: Passage (54-Y 42-N) |
| 2022-03-09 | House | Passed House with substitute with amendments (54-Y 42-N) |
| 2022-03-09 | House | Engrossed by House - committee substitute with amendments SB741H2 |
| 2022-03-09 | House | Pending question ordered |
| 2022-03-09 | House | Amendments by Delegate Leftwich agreed to |
| 2022-03-09 | House | Read third time |
| 2022-03-08 | House | Passed by for the day |
| 2022-03-04 | House | Passed by for the day |
| 2022-03-03 | House | Passed by for the day |
| 2022-03-03 | House | Reconsideration of defeated action agreed to by House |
| 2022-03-03 | House | VOTE: Defeated (46-Y 53-N) |
| 2022-03-03 | House | Defeated by House (46-Y 53-N) |
| 2022-03-03 | House | Amendments by Delegate Bourne rejected |
| 2022-03-03 | House | Pending question ordered |
| 2022-03-03 | House | Substitute by Delegate Leftwich agreed to 22107102D-H2 |
| 2022-03-03 | House | Committee on Public Safety substitute rejected 22106966D-H1 |
| 2022-03-03 | House | Read third time |
| 2022-03-02 | House | Passed by for the day |
| 2022-03-01 | House | Read second time |
| 2022-03-01 | House | Floor substitute printed 22107102D-H2 (Leftwich) |
| 2022-02-25 | House | Committee substitute printed 22106966D-H1 |
| 2022-02-25 | House | Reported from Public Safety with substitute (14-Y 7-N) |
| 2022-02-24 | House | Subcommittee recommends reporting with substitute (6-Y 2-N) |
| 2022-02-23 | House | Assigned PS sub: Subcommittee #2 |
| 2022-02-23 | House | Referred to Committee on Public Safety |
| 2022-02-23 | House | Read first time |
| 2022-02-23 | House | Placed on Calendar |
| 2022-02-15 | Senate | Read third time and passed Senate (26-Y 14-N) |
| 2022-02-15 | Senate | Passed by temporarily |
| 2022-02-14 | Senate | Engrossed by Senate - committee substitute SB741S1 |
| 2022-02-14 | Senate | Title replaced 22106194D-S1 |
| 2022-02-14 | Senate | Committee substitute agreed to (26-Y 14-N) |
| 2022-02-14 | Senate | Reading of substitute waived |
| 2022-02-14 | Senate | Read second time |
| 2022-02-14 | Senate | Floor substitute printed 22106576D-S2 (McDougle) |
| 2022-02-11 | Senate | Passed by for the day |
| 2022-02-10 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2022-02-09 | Senate | Committee substitute printed 22106194D-S1 |
| 2022-02-09 | Senate | Reported from General Laws and Technology with substitute (12-Y 0-N 1-A) |
| 2022-01-31 | Senate | Rereferred to General Laws and Technology |
| 2022-01-31 | Senate | Rereferred from Judiciary (15-Y 0-N) |
| 2022-01-21 | Senate | Referred to Committee on the Judiciary |
| 2022-01-21 | Senate | Presented and ordered printed 22104919D |
Subjects
Counties Cities and Towns
Institutions of Higher Education; Other Educational and Cultural Institutions
Police
Police State
Study Commissions Committees and Reports
Institutions of Higher Education; Other Educational and Cultural Institutions
Police
Police State
Study Commissions Committees and Reports
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 15 | 2 | 1723.2 | (n/a) | See Bill Text |
| 23 | 1 | 815.1 | (n/a) | See Bill Text |
