Chatbot Laws · verified Oct. 21, 2026
As passed by the Senate, this bill would require chatbot operators to show a persistent 'not a human' notice with pop-ups, require large operators to run crisis and emotional-dependence safeguards and report serious incidents to the Attorney General, and allow civil penalties and private suits.
Who it would cover
Operators of chatbots offered in Virginia for the disclosure duty. The safeguard and reporting duties apply only to 'covered entities': chatbot operators with 500,000 or more monthly active users worldwide (counted across affiliates), excluding tools not offered to the public (internal workplace tools, clinician-supervised clinical tools, university research systems) and business customer-service bots.
What it would require
| AI disclosure | Operator must show all users a static, persistent disclaimer that the chatbot is not human, and also a pop-up saying so. The pop-up is also required when the user asks for medical, financial, legal or other licensed-profession advice.When: Pop-up on login, every 30 minutes of sustained engagement, when the user asks, and when advice regulated by a licensed industry is requested§ 59.1-617 |
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| Crisis protocol | Covered entities must have reasonable systems to detect suicidal thoughts, self-harm intent or acute crisis and promptly show a crisis message with crisis services information. If the operator learns a user faces imminent risk of death or serious injury, it must make reasonable efforts within 24 hours to notify emergency services or law enforcement, or else urge the user to seek help and document why it could not notify.§§ 59.1-615(3), 59.1-616(A) |
| Reporting | Covered entities must report a 'covered incident' (death, suicide attempt, self-harm needing medical care, psychiatric emergency or serious physical injury linked to the chatbot) to the Attorney General within 15 days of learning of it, with an optional supplement within 60 days. Reports are confidential; the Attorney General may publish aggregate statistics.§ 59.1-616(B), (C) |
| Design limits | Covered entities must have reasonable systems to spot and reduce emotional dependence on the chatbot and to ensure it makes no materially false claim to be a human.§ 59.1-615(1), (2) |
| Other duties | Contract terms waiving the Act's rights or remedies, shortening the time to sue, or requiring arbitration are void. The duties are cumulative with other law.§ 59.1-618(C), (D) |
Enforcement
| Enforced by | Attorney General and Private right of action§ 59.1-618(A), (B) |
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| Private lawsuits | Yes |
| Penalties | Attorney General may seek an injunction and civil penalties of up to $50,000 for each violation; each day of noncompliance is a separate violation. A person harmed, or the parent or guardian of a minor harmed, may sue for actual damages, attorney fees and costs, injunctive or declaratory relief, and punitive damages if the violation was willful and wanton, reckless or grossly negligent. |
Sources
- SB796 bill details, Virginia Legislative Information System Supports: title, Senate passage 39-1 on Feb 17, 2026, House committee continuance to 2027 on Mar 2, 2026.
- SB796 as engrossed (floor substitute, Feb 17, 2026), Virginia LIS Supports: all operative provisions and penalties.