Bill Text: VA HB2031 | 2021 | Regular Session | Engrossed


Bill Title: Facial recognition technology; authorization of use by local law-enforcement agencies, etc.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Engrossed - Dead) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N) [HB2031 Detail]

Download: Virginia-2021-HB2031-Engrossed.html
21101718D
HOUSE BILL NO. 2031
House Amendments in [ ] January 20, 2021
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 17 of Title 15.2 a section numbered 15.2-1723.2 and by adding a section numbered 23.1-815.1, relating to facial recognition technology; authorization of use by local law-enforcement agencies and public institutions of higher education.
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Patron Prior to Engrossment--Delegate Aird
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Referred to Committee on Communications, Technology and Innovation
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 17 of Title 15.2 a section numbered 15.2-1723.2 and by adding a section numbered 23.1-815.1 as follows:

§15.2-1723.2. Facial recognition technology; local approval.

A. For purposes of this section, "facial recognition technology" means an electronic system for enrolling, capturing, extracting, comparing, and matching an individual's geometric facial data to identify individuals in photos, videos, or real time. [ "Facial recognition technology" does not include the use of an automated or semi-automated process to redact a recording in order to protect the privacy of a subject depicted in the recording prior to release or disclosure of the recording outside of the law-enforcement agency if the process does not generate or result in the retention of any biometric data or surveillance information. ]

B. No local law-enforcement agency shall purchase or deploy facial recognition technology unless the locality in which the law-enforcement agency is located has adopted an ordinance authorizing the use of facial recognition technology by local law-enforcement agencies.

§23.1-815.1. Facial recognition technology; approval of governing body.

[ A. For purposes of this subsection, "facial recognition technology" means an electronic system for enrolling, capturing, extracting, comparing, and matching an individual's geometric facial data to identify individuals in photos, videos, or real time. "Facial recognition technology" does not include the use of an automated or semi-automated process to redact a recording in order to protect the privacy of a subject depicted in the recording prior to release or disclosure of the recording outside of the law-enforcement agency if the process does not generate or result in the retention of any biometric data or surveillance information.

B. ] No campus police department shall purchase or deploy facial recognition technology unless the governing board of the public institution of higher education authorizes the use of facial recognition technology. [ For purposes of this subsection, "facial recognition technology" means an electronic system for enrolling, capturing, extracting, comparing, and matching an individual's geometric facial data to identify individuals in photos, videos, or real time. ]

2. That local law-enforcement agencies and campus police departments at public institutions of higher education using facial recognition technology prior to July 1, 2021, are prohibited from using such technology on or after July 1, 2021, unless and until such use is authorized by the locality by ordinance or by the governing board of the public institution of higher education pursuant to the provisions of this act.

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