                                 CODE OF VIRGINIA

PARTICIPATION IN THE REAL ID ACT OF 2005 (§ 2.2-614.2)

A. For purposes of this section, the following words and phrases shall have the
meanings respectively ascribed to them in this section except in those instances
where the context clearly indicates a different meaning:
			&#8220;Biometric data&#8221; means information relating to a biological
characteristic of an individual that makes that individual unique from any other
individual, including, but not limited to, the following:

   1. Fingerprints, palm prints, and other means for measuring or recording ridge
   pattern or fingertip characteristics;

   2. Facial feature pattern characteristics;

   3. Behavior characteristics of a handwritten signature, such as shape, speed,
   pressure, pen angle, or sequence;

   4. Voice data used for comparing live speech with a previously created speech
   model of an individual&#8217;s voice;

   5. Iris recognition data containing color or texture patterns or codes;

   6. Keystroke dynamics, measuring pressure applied to key pads;

   7. Hand geometry, measuring hand characteristics, including the shape and
   length of fingers, in three dimensions;

   8. Retinal scans, reading through the pupil to measure blood vessels lining
   the retina; and

   9. Deoxyribonucleic acid or ribonucleic acid.
   				&#8220;Biometric samples&#8221; means anything used as a source to
   develop, create, or extract biometric data.
   				&#8220;Economic privacy&#8221; means the privacy of an individual that
   relates to a right, privilege, or reasonable expectation that certain
   information is required by law to be held confidential or is otherwise
   considered to be confidential to that individual, including, but not limited
   to:

   1. Information included in a tax return required by law to be filed with the
   federal, state, or local government;

   2. Information on financial transactions conducted by or on behalf of the
   individual; and

   3. Information on investment transactions conducted by or on behalf of the
   individual.
   				&#8220;REAL ID Act of 2005&#8243; means Division B of the Emergency
   Supplemental Appropriations Act for Defense, the Global War on Terror, and
   Tsunami Relief, 2005 (P.L. 109-13, 119 Stat. 302).

B. With the exception of identification cards issued to employees of the
Department of State Police and any other law-enforcement officer employed by any
agency of the Commonwealth, neither the Governor nor the Department of Motor
Vehicles nor any other agency of the Commonwealth shall comply with any
provision of the REAL ID Act of 2005 that they determine would compromise the
economic privacy, biometric data, or biometric samples of any resident of the
Commonwealth.

HISTORY: 2009, cc. 733, 769.