Facial recognition technology; redefines, local law enforcement and campus police to utilize. (HB1339)

Introduced By

Del. Jay Leftwich (R-Chesapeake) with support from co-patron Sen. Scott Surovell (D-Mount Vernon)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Facial recognition technology; local law enforcement; campus police. Redefines facial recognition technology, for the purposes of providing criteria for the lawful use of facial recognition technology by law enforcement, as conducting an algorithmic comparison of images of an individual's facial features for the purposes of identification. The bill authorizes local law-enforcement agencies and campus police departments to utilize facial recognition technology for certain authorized uses as defined in the bill. The bill requires that local law-enforcement agencies and campus police departments publicly post and annually update policies regarding the use of facial recognition technology and maintain records regarding the use of facial recognition technology and report the data annually to their communities. The bill also makes it a Class 3 misdemeanor for any facial recognition technology operator employed by a local law-enforcement agency or campus police department to violate the agency or department's policy regarding the use of facial recognition technology or to conduct a search for any other reason than an authorized use. Additionally, the bill requires the Department of State Police to develop a model policy regarding the use of facial recognition technology by January 1, 2023. The bill directs the Virginia State Crime Commission to submit a report with an analysis and recommendations about the use of facial recognition technology to the Chairmen of the Senate Committee on the Judiciary and the House Committee on Public Safety by November 1, 2025. The provisions of the bill expire on July 1, 2026. Read the Bill »

Status

02/28/2022: Passed the Senate

History

DateAction
01/21/2022Committee
01/21/2022Presented and ordered printed 22102155D
01/21/2022Referred to Committee on Public Safety
02/01/2022Impact statement from DPB (HB1339)
02/08/2022Assigned PS sub: Subcommittee #2
02/10/2022House subcommittee amendments and substitutes offered
02/10/2022Subcommittee recommends reporting with substitute (6-Y 2-N)
02/11/2022Reported from Public Safety with substitute (11-Y 10-N) (see vote tally)
02/11/2022Committee substitute printed 22106444D-H1
02/13/2022Read first time
02/14/2022House committee, floor amendments and substitutes offered
02/14/2022Read second time
02/14/2022Committee substitute agreed to 22106444D-H1
02/14/2022Amendment #1 by Delegate Leftwich agreed to
02/14/2022Amendment #2 by Delegate Leftwich agreed to
02/14/2022Amendment #3 by Delegate Leftwich agreed to
02/14/2022Amendment #4 by Delegate Leftwich agreed to
02/14/2022Amendment #5 by Delegate Leftwich agreed to
02/14/2022Engrossed by House - committee substitute with amendments HB1339EH1
02/14/2022Printed as engrossed 22106444D-EH1
02/15/2022Read third time and passed House (71-Y 29-N)
02/15/2022VOTE: Passage (71-Y 29-N) (see vote tally)
02/16/2022Impact statement from DPB (HB1339EH1)
02/16/2022Constitutional reading dispensed
02/16/2022Referred to Committee on General Laws and Technology
02/23/2022Reported from General Laws and Technology with amendment (11-Y 2-N) (see vote tally)
02/25/2022Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/28/2022Floor substitute printed 22107161D-S1 (Surovell)
02/28/2022Read third time
02/28/2022Committee amendment rejected
02/28/2022Reading of substitute waived
02/28/2022Substitute by Senator Surovell agreed to 22107161D-S1
02/28/2022Engrossed by Senate - committee substitute HB1339S1
02/28/2022Passed Senate with substitute (27-Y 13-N) (see vote tally)
03/02/2022Passed by for the day
03/02/2022Impact statement from DPB (HB1339S1)
03/03/2022Senate substitute rejected by House 22107161D-S1 (45-Y 54-N)
03/03/2022VOTE: Rejected (45-Y 54-N) (see vote tally)
03/03/2022Reconsideration of Senate substitute agreed to by House
03/03/2022Passed by for the day
03/04/2022Passed by for the day
03/07/2022Passed by for the day
03/08/2022Passed by for the day
03/09/2022Senate substitute rejected by House 22107161D-S1 (0-Y 97-N)
03/09/2022VOTE: Rejected (0-Y 97-N) (see vote tally)
03/10/2022Senate insisted on substitute (40-Y 0-N) (see vote tally)
03/10/2022Senate requested conference committee
03/10/2022House acceded to request
03/10/2022Conferees appointed by House
03/10/2022Delegates: Leftwich, Ransone, Hayes
03/10/2022Conferees appointed by Senate
03/10/2022Senators: Surovell, McClellan, Vogel
03/12/2022Continued to 2022 Sp. Sess. pursuant to HJR 455
03/12/2022Continued to 2022 Sp. Sess. 1 pursuant to HJR455

Comments

ChangeServant, tracking this bill in Photosynthesis, notes:

OPPOSE this bill that will allow widespread use of facial recognition technology despite serious concerns about its reliability particularly for identifying people of color.

MRWBA Legislative Committee, tracking this bill in Photosynthesis, notes:

Redefines facial recognition technology and allows for its use by local law enforcement and campus police.

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