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2022 SPECIAL SESSION I
(HB1339)AMENDMENT(S) PROPOSED BY THE HOUSE
DEL. LEFTWICH
1. Line 8, substitute, Title, after uses
insert
; report; penalty
DEL. LEFTWICH
2. Line 12, substitute, after approval
insert
; penalty
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3. Line 15, substitute, after committed
strike
the remainder of line 15 and through commission of on line 16
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4. Line 79, substitute, after queried;
strike
the remainder of line 79
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5. Line 80, substitute, after (viii)
insert
demographic information for the individuals whose images are queried; and (ix)
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6. After line 100, substitute
insert
I. Any facial recognition technology operator employed by a local law-enforcement agency who (i) violates the agency's policy for the use of facial recognition technology or (ii) conducts a search for any reason other than an authorized use is guilty of a Class 3 misdemeanor and shall be required to complete training on the agency's policy on and authorized uses of facial recognition technology before being reinstated to operate such facial recognition technology. The local law-enforcement agency shall terminate from employment any facial recognition technology operator who violates clause (i) or (ii) for a second time.
DEL. LEFTWICH
7. Line 101, substitute, after approval
insert
; penalty
DEL. LEFTWICH
8. Line 104, substitute, after committed
strike
the remainder of line 104 and through commission of on line 105
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9. Line 110, substitute, after impairing
strike
the person's
insert
his
DEL. LEFTWICH
10. Line 170, substitute, after queried;
strike
and
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11. Line 170, substitute, after (viii)
insert
demographic information for the individuals whose images are queried; and (ix)
DEL. LEFTWICH
12. After line 190, substitute
insert
H. Any facial recognition technology operator employed by a campus police department who (i) violates the department's policy for the use of facial recognition technology or (ii) conducts a search for any reason other than an authorized use is guilty of a Class 3 misdemeanor and shall be required to complete training on the department's policy on and authorized uses of facial recognition technology before being reinstated to operate such facial recognition technology. The campus police department shall terminate from employment any facial recognition technology operator who violates clause (i) or (ii) for a second time.
DEL. LEFTWICH
13. After line 205, substitute
insert
2. That the Virginia State Crime Commission (the Crime Commission) shall analyze and report on the usage data of the facial recognition technology reported and published by local law-enforcement agencies and campus police departments pursuant to the provisions of this act. The Crime Commission shall include in its report an analysis of and recommendations for (i) improving the use of facial recognition technology as it relates to demographics associated with race, skin tone, ethnicity, and gender; (ii) specialized training, data storage, data retention, and the use of a second examiner pursuant to the State Police Model Facial Recognition Technology Policy established by § 52-4.5 of the Code of Virginia, as created by this act; and (iii) investigations and investigative outcomes related to the accuracy of identification across different demographic groups. The Crime Commission shall submit its report to the Chairmen of the Senate Committee on the Judiciary and the House Committee on Public Safety by November 1, 2025.
DEL. LEFTWICH
14. After line 205, substitute
insert
3. That the provisions of this act shall expire on July 1, 2026.