SB 741 Virginia Senate · 2022 Regular Session

Facial recognition technology; authorized uses.

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.
Bill status signed all 5 stages cleared
Introduction
Jan 2022
Committee Review
Mar 2022
Senate Passage
Apr 2022
House of Delegates Passage
Apr 2022
Signed into Law
Apr 2022
Introduced Jan 21, 2022 Signed Apr 27, 2022
Floor votes · Senate Feb 10, 2022 · House of Delegates Mar 9, 2022

How they voted

330
Passed
Total votes 33
Feb 10, 2022
D Democratic17
17 Yea
100% Yea
R Republican16
16 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
72
Key actions
23
Committee
15
Amendments
3
Apr 27, 2022
Executive · Passed
Governor's recommendation adopted
executive
Apr 27, 2022
Lower · Passed
House concurred in Governor's recommendation (50-Y 46-N)
lower
Apr 27, 2022
Upper · Passed
Senate concurred in Governor's recommendation (28-Y 12-N)
upper
Mar 10, 2022
Introduced
House substitute with amendments agreed to by Senate (27-Y 13-N)
upper
Mar 9, 2022
Lower · Passed
Passed House with substitute with amendments (54-Y 42-N)
lower
Mar 9, 2022
Lower · Passed
Engrossed by House - committee substitute with amendments SB741H2
lower
Mar 9, 2022
Lower · Passed
Amendments by Delegate Leftwich agreed to
lower
Mar 9, 2022
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Mar 8, 2022
Lower · Passed
Passed by for the day
lower
Mar 4, 2022
Lower · Passed
Passed by for the day
lower
Mar 3, 2022
Lower · Passed
Passed by for the day
lower
Mar 3, 2022
Amended
Amendments by Delegate Bourne rejected
lower
Mar 3, 2022
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Mar 2, 2022
Lower · Passed
Passed by for the day
lower
Feb 25, 2022
Lower · Passed
Reported from Public Safety with substitute (14-Y 7-N)
lower
Feb 24, 2022
Lower · Passed
Subcommittee recommends reporting with substitute (6-Y 2-N)
lower
Feb 24, 2022
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Feb 23, 2022
Committee
Assigned PS sub: Subcommittee #2
lower
Feb 23, 2022
Committee
Referred to Committee on Public Safety
lower
Feb 15, 2022
Upper · Passed
Read third time and passed Senate (26-Y 14-N)
upper
Feb 15, 2022
Upper · Passed
Passed by temporarily
upper
Feb 14, 2022
Upper · Passed
Engrossed by Senate - committee substitute SB741S1
upper
Feb 14, 2022
Upper · Passed
Committee substitute agreed to (26-Y 14-N)
upper
Feb 11, 2022
Upper · Passed
Passed by for the day
upper
Feb 10, 2022
Senate · Passed
Senate Vote: pass (33-0)
senate
Feb 9, 2022
Upper · Passed
Reported from General Laws and Technology with substitute (12-Y 0-N 1-A)
upper
Feb 9, 2022
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Jan 31, 2022
Committee
Rereferred to General Laws and Technology
upper
Jan 31, 2022
Committee
Rereferred from Judiciary (15-Y 0-N)
upper
Jan 21, 2022
Committee
Referred to Committee on the Judiciary
upper
Jan 21, 2022
Introduced
Presented and ordered printed 22104919D
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Scott Surovell
Scott Surovell
DDemocratic
VA
34