{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/9.1-116.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/9.1-116.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/9.1-116.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/9.1-116.10.html"}],"law_id":378549,"edition_id":2,"section_id":378549,"structure_id":53787,"section_number":"9.1-116.10","catch_line":"Surveillance technology reporting by state and local law-enforcement agencies and sheriff’s departments","history":"2024, c. 614; 2025, c. 420.","full_text":"A\n\nFor purposes of this section, “surveillance technology” 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.\n\t\t\t“Surveillance technology” 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.\n\n\t\t\t“Surveillance technology” 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.\n\nB\n\nAll state and local law-enforcement agencies and sheriff’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’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.\n\n","order_by":null,"text":{"0":{"id":1413547,"text":"For purposes of this section, “surveillance technology” 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.\n\t\t\t“Surveillance technology” 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.\t\t\t“Surveillance technology” 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1413548,"text":"All state and local law-enforcement agencies and sheriff’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’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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":53787,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":53786,"metadata":{"child_laws":34,"child_structures":0},"date_created":"2026-08-02 03:22:17","date_modified":"2026-08-02 12:28:40","permalink":{"id":1511493,"object_type":"structure","relational_id":53787,"identifier":"1","token":"9.1\/1\/1","url":"\/9.1\/1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53786,"edition_id":2,"name":"Department of Criminal Justice Services","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":53785,"metadata":{"child_laws":143,"child_structures":17},"date_created":"2026-08-02 03:22:17","date_modified":"2026-08-02 12:28:40","permalink":{"id":1511491,"object_type":"structure","relational_id":53786,"identifier":"1","token":"9.1\/1","url":"\/9.1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53785,"edition_id":2,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":36,"parent_id":null,"metadata":{"child_laws":258,"child_structures":36},"date_created":"2026-08-02 03:22:17","date_modified":"2026-08-02 12:28:39","permalink":{"id":1511489,"object_type":"structure","relational_id":53785,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378507,"structure_id":53787,"section_number":"9.1-100","catch_line":"Department of Criminal Justice Services","url":"\/9.1-100\/","token":"9.1\/1\/1\/9.1-100","metadata":false},{"id":378510,"structure_id":53787,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","url":"\/9.1-101\/","token":"9.1\/1\/1\/9.1-101","metadata":false},{"id":378509,"structure_id":53787,"section_number":"9.1-101.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/9.1-101.1\/","token":"9.1\/1\/1\/9.1-101.1","metadata":false},{"id":378512,"structure_id":53787,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","url":"\/9.1-102\/","token":"9.1\/1\/1\/9.1-102","metadata":{"court_decisions":{"0":{"name":"Fuller v. Carilion Clinic","case_number":"Civil Action No. 7:17CV564","citation":"382 F. Supp. 3d 475","date":"2019-05-21","url":"https:\/\/www.courtlistener.com\/opinion\/7336076\/fuller-v-carilion-clinic\/","abstract":" .\u202f.\u202f. FREDERICK P. STAMP, JR., UNITED STATES DISTRICT JUDGE .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"},"1":{"name":"Brown v. Mitchell","case_number":"CIV.A. 3:03CV820","citation":"327 F. Supp. 2d 615","date":"2004-07-28","url":"https:\/\/www.courtlistener.com\/opinion\/2453895\/brown-v-mitchell\/","abstract":" .\u202f.\u202f. 327 F.Supp.2d 615 (2004) .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":378511,"structure_id":53787,"section_number":"9.1-102.1","catch_line":"Photo-identification cards","url":"\/9.1-102.1\/","token":"9.1\/1\/1\/9.1-102.1","metadata":false},{"id":378513,"structure_id":53787,"section_number":"9.1-103","catch_line":"Direct operational responsibilities in law enforcement not authorized","url":"\/9.1-103\/","token":"9.1\/1\/1\/9.1-103","metadata":false},{"id":378514,"structure_id":53787,"section_number":"9.1-104","catch_line":"Establishment of victim and witness assistance programs; purpose; guidelines","url":"\/9.1-104\/","token":"9.1\/1\/1\/9.1-104","metadata":false},{"id":378515,"structure_id":53787,"section_number":"9.1-105","catch_line":"Intensified Drug Enforcement Jurisdictions Fund","url":"\/9.1-105\/","token":"9.1\/1\/1\/9.1-105","metadata":{"court_decisions":""}},{"id":378516,"structure_id":53787,"section_number":"9.1-106","catch_line":"Regional Criminal Justice Academy Training Fund; local fee","url":"\/9.1-106\/","token":"9.1\/1\/1\/9.1-106","metadata":false},{"id":378517,"structure_id":53787,"section_number":"9.1-107","catch_line":"Powers and duties of Director","url":"\/9.1-107\/","token":"9.1\/1\/1\/9.1-107","metadata":false},{"id":378519,"structure_id":53787,"section_number":"9.1-108","catch_line":"Criminal Justice Services Board membership; terms; vacancies; members not disqualified from holding other offices; designation of chairmen; meetings; compensation","url":"\/9.1-108\/","token":"9.1\/1\/1\/9.1-108","metadata":false},{"id":378518,"structure_id":53787,"section_number":"9.1-108.1","catch_line":"Executive Committee; authority; effect of certain actions","url":"\/9.1-108.1\/","token":"9.1\/1\/1\/9.1-108.1","metadata":false},{"id":378520,"structure_id":53787,"section_number":"9.1-109","catch_line":"Administration of federal programs","url":"\/9.1-109\/","token":"9.1\/1\/1\/9.1-109","metadata":false},{"id":378521,"structure_id":53787,"section_number":"9.1-110","catch_line":"School Resource Officer Grants Program and School Resource Officer Incentive Grants Fund","url":"\/9.1-110\/","token":"9.1\/1\/1\/9.1-110","metadata":false},{"id":378535,"structure_id":53787,"section_number":"9.1-111","catch_line":"Advisory Committee on Juvenile Justice and Prevention; membership; terms; quorum; compensation and expenses; duties","url":"\/9.1-111\/","token":"9.1\/1\/1\/9.1-111","metadata":false},{"id":378541,"structure_id":53787,"section_number":"9.1-112","catch_line":"Committee on Training; 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termination of salary and benefits; extension of term","url":"\/9.1-115\/","token":"9.1\/1\/1\/9.1-115","metadata":false},{"id":378558,"structure_id":53787,"section_number":"9.1-116","catch_line":"Exemptions of certain persons from certain training requirements","url":"\/9.1-116\/","token":"9.1\/1\/1\/9.1-116","metadata":false},{"id":378547,"structure_id":53787,"section_number":"9.1-116.01","catch_line":"Universal certification for certain law-enforcement officers","url":"\/9.1-116.01\/","token":"9.1\/1\/1\/9.1-116.01","metadata":{"court_decisions":""}},{"id":378548,"structure_id":53787,"section_number":"9.1-116.1","catch_line":"Virginia Sexual and Domestic Violence Victim Fund; purpose; guidelines","url":"\/9.1-116.1\/","token":"9.1\/1\/1\/9.1-116.1","metadata":false},{"id":378549,"structure_id":53787,"section_number":"9.1-116.10","catch_line":"Surveillance technology reporting by state and local law-enforcement agencies and sheriff's departments","url":"\/9.1-116.10\/","token":"9.1\/1\/1\/9.1-116.10","metadata":false},{"id":378550,"structure_id":53787,"section_number":"9.1-116.2","catch_line":"Advisory Committee on Sexual and Domestic Violence; 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purpose; guidelines","url":"\/9.1-116.1\/","token":"9.1\/1\/1\/9.1-116.1","metadata":false},"next_section":{"id":378550,"structure_id":53787,"section_number":"9.1-116.2","catch_line":"Advisory Committee on Sexual and Domestic Violence; membership; terms; compensation and expenses; duties","url":"\/9.1-116.2\/","token":"9.1\/1\/1\/9.1-116.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-116.10\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapter 614<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2025, chapter 420<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1511595,"object_type":"law","relational_id":378549,"identifier":"9.1-116.10","token":"9.1\/1\/1\/9.1-116.10","url":"\/9.1-116.10\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/9.1-116.10\/","token":"9.1\/1\/1\/9.1-116.10","dublin_core":{"Title":"Surveillance technology reporting by state and local law-enforcement agencies and sheriff’s departments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-116.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section, “surveillance technology<\/span>” 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.\n\t\t\t“Surveillance technology<\/span>” 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<\/span> television cameras; (v) biometric surveillance technology<\/span>, 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<\/span>, including surveillance target tracking and predictive policing software; and (xviii) any third-party<\/span> service or third-party<\/span> subscription that allows access to any form of surveillance technology<\/span> or the data therefrom. The enumeration of surveillance technology<\/span> examples in this subsection shall not be interpreted as an endorsement or approval of their use by any law<\/span>-enforcement entity.

\t\t\t“Surveillance technology<\/span>” 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<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All state and local law<\/span>-enforcement agencies and sheriff’s departments<\/span> shall provide to the Department<\/span> a list of all surveillance technologies used, accessed, or procured by such agencies and departments<\/span> 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<\/span> is the owner, user, or licensee and (ii) all surveillance technologies used or accessed where the owner or licensee is a separate law<\/span>-enforcement agency, sheriff’s department<\/span>, government agency or department<\/span>, or private business, entity, or individual. The Department<\/span> shall also provide such information to the Virginia State Crime<\/span> Commission and the Joint Commission on Technology and Science by December 1 of each year. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSURVEILLANCE TECHNOLOGY REPORTING BY STATE AND LOCAL LAW-ENFORCEMENT AGENCIES\nAND SHERIFF’S DEPARTMENTS (\u00a7 9.1-116.10)\n\nA. For purposes of this section, “surveillance technology” means any\nelectronic surveillance device, hardware, or software that is capable of\ncollecting, capturing, recording, retaining, processing, intercepting,\nanalyzing, monitoring, or sharing audio, visual, digital, location, thermal,\nbiometric, behavioral, or similar information or communications specifically\nassociated with, or capable of being associated with, any specific individual,\ngroup, or place or any system, device, or vehicle that is equipped with an\nelectronic surveillance device, hardware, or software.\n\t\t\t“Surveillance technology” includes (i) international mobile\nsubscriber identity (IMSI) catchers and other cell site simulators; (ii)\nautomatic license plate readers; (iii) electronic toll readers; (iv)\nclosed-circuit television cameras; (v) biometric surveillance technology,\nincluding facial, voice, iris, and gait-recognition software and databases; (vi)\nmobile DNA capture technology; (vii) gunshot detection and location hardware and\nservices; (viii) x-ray vans; (ix) video and audio monitoring or recording\ntechnology, such as surveillance cameras, wide-angle cameras, and wearable body\ncameras; (x) surveillance enabled or capable lightbulbs or light fixtures; (xi)\ntools, including software and hardware, used to gain access to a computer,\ncomputer service, or computer network; (xii) social media monitoring software;\n(xiii) through-the-wall radar or similar imaging technology; (xiv) passive\nscanners of radio networks; (xv) long-range Bluetooth and other\nwireless-scanning devices; (xvi) radio-frequency I.D. (RFID) scanners; (xvii)\nsoftware designed to integrate or analyze data from surveillance technology,\nincluding surveillance target tracking and predictive policing software; and\n(xviii) any third-party service or third-party subscription that allows access\nto any form of surveillance technology or the data therefrom. The enumeration of\nsurveillance technology examples in this subsection shall not be interpreted as\nan endorsement or approval of their use by any law-enforcement\nentity.\t\t\t“Surveillance technology” does not include the following\ndevices, hardware, software, service, or subscription, unless they have been\nequipped with, or are modified to become or include, surveillance technology as\ndefined above: (a) routine office hardware, such as televisions, computers, and\nprinters, that is in widespread use and will not be used for any\nsurveillance-related functions; (b) parking ticket devices; (c) manually\noperated, non-wearable, handheld digital cameras, audio recorders, and video\nrecorders that are not designed to be used surreptitiously and whose\nfunctionality is limited to manually capturing and manually downloading video\nand\/or audio recordings; (d) surveillance devices that cannot record or transmit\naudio or video or be remotely accessed, such as image stabilizing binoculars or\nnight vision goggles; (e) databases not intended to store or compile\nsurveillance data; and (f) manually operated technological devices used\nprimarily for internal communications and not designed to surreptitiously\ncollect surveillance data, such as radios and email systems.\n\nB. All state and local law-enforcement agencies and sheriff’s departments\nshall provide to the Department a list of all surveillance technologies used,\naccessed, or procured by such agencies and departments during the previous\nfiscal year on an annual basis by November 1 of each year. The list shall\ninclude (i) all surveillance technologies used, accessed, or procured where the\nagency or department is the owner, user, or licensee and (ii) all surveillance\ntechnologies used or accessed where the owner or licensee is a separate\nlaw-enforcement agency, sheriff’s department, government agency or\ndepartment, or private business, entity, or individual. The Department shall\nalso provide such information to the Virginia State Crime Commission and the\nJoint Commission on Technology and Science by December 1 of each year.\n\nHISTORY: 2024, c. 614; 2025, c. 420.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}