                                 CODE OF VIRGINIA

SURVEILLANCE TECHNOLOGY REPORTING BY STATE AND LOCAL LAW-ENFORCEMENT AGENCIES
AND SHERIFF&#8217;S DEPARTMENTS (§ 9.1-116.10)

A. For purposes of this section, &#8220;surveillance technology&#8221; means any
electronic surveillance device, hardware, or software that is capable of
collecting, capturing, recording, retaining, processing, intercepting,
analyzing, monitoring, or sharing audio, visual, digital, location, thermal,
biometric, behavioral, or similar information or communications specifically
associated with, or capable of being associated with, any specific individual,
group, or place or any system, device, or vehicle that is equipped with an
electronic surveillance device, hardware, or software.
			&#8220;Surveillance technology&#8221; includes (i) international mobile
subscriber identity (IMSI) catchers and other cell site simulators; (ii)
automatic license plate readers; (iii) electronic toll readers; (iv)
closed-circuit television cameras; (v) biometric surveillance technology,
including facial, voice, iris, and gait-recognition software and databases; (vi)
mobile DNA capture technology; (vii) gunshot detection and location hardware and
services; (viii) x-ray vans; (ix) video and audio monitoring or recording
technology, such as surveillance cameras, wide-angle cameras, and wearable body
cameras; (x) surveillance enabled or capable lightbulbs or light fixtures; (xi)
tools, including software and hardware, used to gain access to a computer,
computer service, or computer network; (xii) social media monitoring software;
(xiii) through-the-wall radar or similar imaging technology; (xiv) passive
scanners of radio networks; (xv) long-range Bluetooth and other
wireless-scanning devices; (xvi) radio-frequency I.D. (RFID) scanners; (xvii)
software designed to integrate or analyze data from surveillance technology,
including surveillance target tracking and predictive policing software; and
(xviii) any third-party service or third-party subscription that allows access
to any form of surveillance technology or the data therefrom. The enumeration of
surveillance technology examples in this subsection shall not be interpreted as
an endorsement or approval of their use by any law-enforcement entity.
			&#8220;Surveillance technology&#8221; does not include the following devices,
hardware, software, service, or subscription, unless they have been equipped
with, or are modified to become or include, surveillance technology as defined
above: (a) routine office hardware, such as televisions, computers, and
printers, that is in widespread use and will not be used for any
surveillance-related functions; (b) parking ticket devices; (c) manually
operated, non-wearable, handheld digital cameras, audio recorders, and video
recorders that are not designed to be used surreptitiously and whose
functionality is limited to manually capturing and manually downloading video
and/or audio recordings; (d) surveillance devices that cannot record or transmit
audio or video or be remotely accessed, such as image stabilizing binoculars or
night vision goggles; (e) databases not intended to store or compile
surveillance data; and (f) manually operated technological devices used
primarily for internal communications and not designed to surreptitiously
collect surveillance data, such as radios and email systems.

B. All state and local law-enforcement agencies and sheriff&#8217;s departments
shall provide to the Department a list of all surveillance technologies used,
accessed, or procured by such agencies and departments during the previous
fiscal year on an annual basis by November 1 of each year. The list shall
include (i) all surveillance technologies used, accessed, or procured where the
agency or department is the owner, user, or licensee and (ii) all surveillance
technologies used or accessed where the owner or licensee is a separate
law-enforcement agency, sheriff&#8217;s department, government agency or
department, or private business, entity, or individual. The Department shall
also provide such information to the Virginia State Crime Commission and the
Joint Commission on Technology and Science by December 1 of each year.

HISTORY: 2024, c. 614; 2025, c. 420.