VA SB 1392 / HB 2031 (2021 FR moratorium, narrowed 2022)

Virginia SB 1392 / HB 2031 — Local Law Enforcement Facial Recognition Moratorium (Original 2020-21)
VA · Va. Code § 15.2-1723.2 (former, HB 2031 / SB 1392 2021) — substantially superseded by HB 1352 / SB 741 (2022)

Status
Repealed / replaced
Took effect
July 1, 2021
Applies to
Virginia local law enforcement and campus police (was)
Enforced by
Internal department oversight (was)

Virginia's 2021 facial recognition moratorium (HB 2031, with Sen. Boysko's SB 1392 companion) prohibited local law enforcement use of facial recognition without legislative authorization. It was rolled back in 2022 by HB 1352 / SB 741 which authorized use with constraints — making the 2021 moratorium one of the shortest-lived state AI restrictions on record.

Who is protected: Virginians subject to local police FR (was)

Legal detail

HB 2031 / SB 1392 (2021 Reg. Sess.) — added Va. Code § 15.2-1723.2 prohibiting local law enforcement and campus police from purchasing or using facial recognition technology absent express legislative authorization. Effective July 1, 2021. Substantially repealed/replaced July 1, 2022 by HB 1352 / SB 741 (2022 Reg. Sess.), which authorized local police use of FR services subject to accuracy testing, audit logs, and use restrictions.

Key facts

JurisdictionVA
LevelState
EnactedApril 7, 2021
CitationVa. Code § 15.2-1723.2 (former, HB 2031 / SB 1392 2021) — substantially superseded by HB 1352 / SB 741 (2022)
Private right of actionNo, agency enforcement only
Topicsfacial recognition · biometric data · police and surveillance AI
Bill textHB 2031 — Virginia LIS

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