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Regulation Tracker / legislation / VA

VA HB 2692: Custodial interrogations; false statements to a child; inauthentic replica documents

Virginia legislature · 2026 Regular · Del. Clark

Status as of

In force

Last action: Enacted, Chapter 669 (Effective 07/01/25).

Effective: 2025-07-01

AI-generated evidenceAI police reports and criminal-justice disclosure

Virginia HB 2692 bars law enforcement from using false statements or inauthentic replica documents, including AI-created documents, to secure a child’s cooperation, confession, or conviction in custodial interrogations. Violations can make the child’s statements inadmissible in delinquency or criminal proceedings. The bill was enacted April 2, 2025.

Operative sections

  • Va. Code §16.1-247.1(C): law-enforcement officers may not knowingly use false statements or inauthentic replica documents in child interrogations.
  • Va. Code §16.1-247.1(C): inauthentic replica documents include AI-created documents with false statements or material misrepresentations.
  • Va. Code §16.1-247.1(D): violating statements are inadmissible unless the Commonwealth proves knowing, intelligent, and voluntary waiver.

Text

A law-enforcement officer shall be prohibited from knowingly and intentionally making false statements about any known material fact, including by use of inauthentic replica documents, prior to or during a custodial interrogation of a child ... “inauthentic replica documents” means any documents, including computer-generated documents, created by any means, including artificial intelligence ... If a law-enforcement officer knowingly violates ... any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding.

Verbatim operative text; legislative text is a government edict and public domain. Full text · History

What already applies in Virginia

The bill sits alongside rules courts and regulators have already issued, and decisions courts have already handed down, in the same jurisdiction — from the regulation tracker and the court-decisions corpus.

Decisions on the record

  • In re MaharUnited States Bankruptcy Court for the Eastern District of Virginia · 2026-07-31

    The Eastern District of Virginia bankruptcy court dismisses Alicia Mahar’s adversary complaint for lack of jurisdiction. Footnotes note that counsel cited a nonexistent In re Coastal Carolina Fruit Company decision and supplied incorrect court, Westlaw, or date information for three other mortgage cases.

  • Sherwood v. County of Botetourt, Virginia, et al.United States District Court for the Western District of Virginia · 2026-05-20

    On 2026-05-20, in Sherwood v. County of Botetourt, Virginia, et al, the Western District of Virginia granted dismissal of most claims and warned that any future filing must be supported by real law. Counsel cited Peal v. Commonwealth even though the court found the authority did not exist.

  • Burnley v. ValentinU.S. District Court for the Eastern District of Virginia · 2026-03-18

    On 2026-03-18, the Eastern District of Virginia enforces a settlement agreement after an evidentiary hearing. The plaintiff argued an audio recording was AI-cloned or manipulated; the court applied Rule 901, found the recording authentic, credited voice-identification evidence, and rejected the authentication challenge.

  • Suiter v. GM - General Motors, LLCUnited States District Court for the Western District of Virginia · 2026-03-12

    Western District of Virginia on 2026-03-12 in Suiter v. GM - General Motors, LLC found the self-represented party's brief contained three citation defects involving nonexistent authorities, fabricated or misattributed quotations, mischaracterized authority. The court warned the self-represented party to verify legal authorities before future filings.

  • Gail Fung v. Liberty UniversityUnited States District Court for the Western District of Virginia · 2026-02-24

    Western District of Virginia on 2026-02-24 in Gail Fung v. Liberty University found the self-represented party's complaint contained one citation defect involving nonexistent authorities, mischaracterized authority, incorrect statutory or rule text. The court warned the self-represented party to verify legal authorities before future filings.

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