Fabio
145 lines
12 KiB
Markdown
145 lines
12 KiB
Markdown
---
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type: "Bill"
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title: "Facial recognition technology; authorized uses."
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description: "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."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2022"
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identifier: "SB 741"
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citation: "Virginia SB 741 (2022)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Scott A. Surovell"]
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version_count: 6
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action_count: 71
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vote_count: 13
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first_action: "2022-01-21"
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last_action: "2022-04-27"
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source: "openstates"
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source_identifier: "ocd-bill/b90e1c31-f3b6-4df1-9784-7ef3087ab986"
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source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+SB741"
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source_hash: "2e9e76178006ae6bd54f754d43871faa1c2278fa597596921e56dc6bdb06c1ec"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia SB 741 (2022) — Facial recognition technology; authorized uses.
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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.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **CHAP0737** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0737)
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2. **Committee substitute printed 22106966D-H1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB741H1)
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3. **Floor substitute printed 22107102D-H2 (Leftwich)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB741H2)
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4. **SB741ER** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB741ER)
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5. **SB741ER2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB741ER2)
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6. **SB741S2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB741S2)
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## Votes
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- Read third time and passed Senate (26-Y 14-N) — **26–14** (pass) · upper
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- Constitutional reading dispensed (40-Y 0-N) — **40–0** (pass) · upper
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- Reported from General Laws and Technology with substitute (12-Y 0-N 1-A) — **12–0** (pass) · upper
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- VOTE: Adoption (49-Y 49-N) — **49–48** (pass) · lower
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- VOTE: Defeated (46-Y 53-N) — **46–52** (fail) · lower
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- Rereferred from Judiciary (15-Y 0-N) — **15–0** (pass) · upper
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- Senate concurred in Governor's recommendation (28-Y 12-N) — **28–12** (pass) · upper
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- House substitute with amendments agreed to by Senate (27-Y 13-N) — **27–13** (pass) · upper
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- Reported from Public Safety with substitute (14-Y 7-N) — **14–7** (pass) · lower
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- Subcommittee recommends reporting with substitute (6-Y 2-N) — **6–2** (pass) · lower
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- Committee substitute agreed to (26-Y 14-N) — **26–14** (pass) · upper
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- VOTE: Adoption #2 (50-Y 46-N) — **50–45** (pass) · lower
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- VOTE: Passage (54-Y 42-N) — **54–41** (pass) · lower
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## Sponsors
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- Scott A. Surovell — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2022-01-21** Presented and ordered printed 22104919D `introduction`
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- **2022-01-21** Referred to Committee on the Judiciary `referral-committee`
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- **2022-01-31** Rereferred from Judiciary (15-Y 0-N)
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- **2022-01-31** Rereferred to General Laws and Technology `referral-committee`
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- **2022-02-09** Impact statement from DPB (SB741)
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- **2022-02-09** Senate committee, floor amendments and substitutes offered
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- **2022-02-09** Reported from General Laws and Technology with substitute (12-Y 0-N 1-A) `committee-passage`
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- **2022-02-09** Committee substitute printed 22106194D-S1 `substitution`
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- **2022-02-10** Constitutional reading dispensed (40-Y 0-N)
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- **2022-02-11** Passed by for the day
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- **2022-02-14** Floor substitute printed 22106576D-S2 (McDougle)
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- **2022-02-14** Read second time `reading-2`
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- **2022-02-14** Reading of substitute waived
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- **2022-02-14** Committee substitute agreed to (26-Y 14-N)
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- **2022-02-14** Title replaced 22106194D-S1
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- **2022-02-14** Engrossed by Senate - committee substitute SB741S1
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- **2022-02-15** Passed by temporarily
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- **2022-02-15** Read third time and passed Senate (26-Y 14-N) `passage, reading-3`
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- **2022-02-17** Impact statement from DPB (SB741S2)
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- **2022-02-23** Placed on Calendar
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- **2022-02-23** Read first time `reading-1`
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- **2022-02-23** Referred to Committee on Public Safety `referral-committee`
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- **2022-02-23** Assigned PS sub: Subcommittee #2 `referral-committee`
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- **2022-02-24** House subcommittee amendments and substitutes offered
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- **2022-02-24** Subcommittee recommends reporting with substitute (6-Y 2-N)
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- **2022-02-25** Reported from Public Safety with substitute (14-Y 7-N) `committee-passage`
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- **2022-02-25** Committee substitute printed 22106966D-H1 `substitution`
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- **2022-03-01** Floor substitute printed 22107102D-H2 (Leftwich)
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- **2022-03-01** Read second time `reading-2`
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- **2022-03-02** Passed by for the day
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- **2022-03-02** Impact statement from DPB (SB741H2)
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- **2022-03-03** House committee, floor amendments and substitutes offered
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- **2022-03-03** Read third time `reading-3`
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- **2022-03-03** Committee on Public Safety substitute rejected 22106966D-H1
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- **2022-03-03** Substitute by Delegate Leftwich agreed to 22107102D-H2
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- **2022-03-03** Pending question ordered
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- **2022-03-03** Amendments by Delegate Bourne rejected `amendment-failure`
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- **2022-03-03** Defeated by House (46-Y 53-N)
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- **2022-03-03** VOTE: Defeated (46-Y 53-N)
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- **2022-03-03** Reconsideration of defeated action agreed to by House
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- **2022-03-03** Passed by for the day
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- **2022-03-04** Passed by for the day
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- **2022-03-08** Passed by for the day
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- **2022-03-09** House committee, floor amendments and substitutes offered
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- **2022-03-09** Read third time `reading-3`
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- **2022-03-09** Amendments by Delegate Leftwich agreed to `amendment-passage`
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- **2022-03-09** Pending question ordered
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- **2022-03-09** Engrossed by House - committee substitute with amendments SB741H2
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- **2022-03-09** Passed House with substitute with amendments (54-Y 42-N) `passage`
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- **2022-03-09** VOTE: Passage (54-Y 42-N)
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- **2022-03-10** House substitute with amendments agreed to by Senate (27-Y 13-N)
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- **2022-03-10** Title replaced 22107102D-H2
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- **2022-03-21** Enrolled
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- **2022-03-21** Impact statement from DPB (SB741ER)
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- **2022-03-21** Signed by President
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- **2022-03-22** Signed by Speaker
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- **2022-03-22** Enrolled Bill Communicated to Governor on March 22, 2022
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- **2022-03-22** Governor's Action Deadline 11:59 p.m., April 11, 2022
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- **2022-04-11** Governor's recommendation received by Senate
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- **2022-04-27** Senate concurred in Governor's recommendation (28-Y 12-N)
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- **2022-04-27** House rejected Governor's recommendation (49-Y 49-N)
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- **2022-04-27** VOTE: Adoption (49-Y 49-N)
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- **2022-04-27** Reconsideration of Governor's recommendation agreed to
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- **2022-04-27** Reenrolled
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- **2022-04-27** House concurred in Governor's recommendation (50-Y 46-N)
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- **2022-04-27** VOTE: Adoption #2 (50-Y 46-N)
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- **2022-04-27** Governor's recommendation adopted
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- **2022-04-27** Reenrolled bill text (SB741ER2)
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- **2022-04-27** Signed by President as reenrolled
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- **2022-04-27** Signed by Speaker as reenrolled
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- **2022-04-27** Enacted, Chapter 737 (effective 7/1/22) `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/b90e1c31-f3b6-4df1-9784-7ef3087ab986`. Confidence: reported (aggregated from official Virginia legislature records).
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