Seventeen Virginia localities are reconsidering or scaling back their use of automatic license plate readers, according to a new Virginia Crime Commission report released ahead of the January legislative session.

The finding lands as Fairfax County conducts its own review of the Flock Safety cameras installed across the county, including in Reston.

The commission surveyed Virginia law enforcement agencies in August 2026 and received responses from 98% of them, or 351 of 359 agencies. Of those, 191 reported using automatic license plate recognition (ALPR) technology. But the report noted that some survey answers may already be outdated because localities have been "ending, suspending, pausing, or re-evaluating" their programs since the survey went out.

That rapid shift left commission staff unable to determine whether agencies fully comply with every provision of the state's ALPR statute, which took effect in July 2025.

Compliance improving, but gaps remain

The survey did find fewer agencies out of compliance compared with last year. Six agencies reported having no ALPR policy, down from 26. Seven reported keeping data longer than the 21-day legal limit, down from 33. Four reported continuously sharing data with other state law enforcement agencies, down from 20.

Still, enforcement has been limited. Seven criminal charges for unauthorized ALPR use have been filed in two Virginia general district courts, according to the report. All seven are pending. The charges appear related to incidents in James City County and Chesterfield County. Media reports have highlighted additional alleged misuse incidents in Richmond, Henrico County and Smithfield that did not result in charges.

Commission members questioned why more incidents had not led to prosecution and argued that existing consequences may not deter violations.

Lawmakers push for tougher penalties

Senate Majority Leader Scott Surovell, D-Fairfax, proposed decertifying officers who violate ALPR policy and called for stronger consequences for non-compliant agencies, the Virginia Mercury reported.

House Majority Leader Del. Charniele Herring, D-Alexandria, said members could consider policy proposals at the commission's next meeting on Nov. 10. That meeting is the commission's last before the General Assembly session begins in January.

"My primary concern … was to ensure that we were using technology in a responsible manner that balances people's right to privacy and their safety," Herring said, according to the Virginia Mercury.

No related legislation had been filed as of the Mercury's reporting.

Racial disparity flagged

The commission's report also flagged a disparity in who gets stopped. An analysis of preliminary data from Jan. 1 through Sept. 30, 2026, found 759 ALPR-related stops involving nearly 800 people. Black males were disproportionately overrepresented relative to their share of Virginia's population, the report stated.

Fairfax County's own review

Fairfax County's Board of Supervisors voted Sept. 15 to pause new Flock camera installations while officials review privacy safeguards, Patch reported. The county's 84 existing stationary Flock cameras remain in operation, along with more than 700 Axon cameras on police cruisers.

Supervisor Jimmy Bierman, D-Dranesville, who seconded the pause motion, said at the time: "I certainly think this is probably the beginning of the end for Flock."

Nearby Arlington County ordered its 41 county-leased Flock cameras removed on the same day.

The commission's Nov. 10 meeting agenda has not been set. Lawmakers return to Richmond in January to take up ALPR-related legislation.