Amendment #248 to H4789

Responsible Robotics

Ms. Sabadosa of Northampton moves to amend the bill by adding the following section:

SECTION XXXX: Chapter 140 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 122D the following section:—

Section 122E.

(a) As used in this section, the following words shall have the following meanings:—

“Robotic device,” means a mechanical device capable of locomotion, navigation, or movement on the ground and that operates at a distance from its operator(s) or supervisor(s), based on commands or in response to sensor data, or a combination of those;

“Uncrewed aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft; and

“Weapon” means any device designed to threaten or cause death, incapacitation, or physical injury to any person, including but not limited to stun guns, firearms, machine guns, chemical agents or irritants, kinetic impact projectiles, weaponized lasers, flamethrowers, and explosive devices.

“Defense industrial company” means a company that has a contract with the United States Department of Defense to design, manufacture, develop, modify, upgrade, or produce a robotic device, and includes any employees or agents authorized by that defense industrial company to engage in activities relating to such a contract on its behalf.

“Disrupter technology” means a class of devices designed to assist in the disposal of explosives or suspected explosives.

(b) Within the commonwealth, it shall be unlawful for any person, whether or not acting under color of law, to manufacture, modify, sell, transfer, or operate a robotic device or an uncrewed aircraft equipped or mounted with a weapon.

(c) Within the commonwealth, it shall be unlawful for any person, whether or not acting under color of law, to use a robotic device or uncrewed aircraft to physically restrain or to attempt to physically restrain a human being.

(d) Whoever knowingly violates the provisions of paragraphs (b) or (c) shall be required to pay a fine of not less than five thousand nor more than twenty-five thousand dollars.  Such fine shall be imposed in addition to any other penalty imposed pursuant to the general laws.

(e) This section shall not apply to:

(i) the United States Department of Defense, or any of its departments, agencies or units;

(ii) a defense industrial company with respect to robotic devices and uncrewed aircraft that are within the scope of its contract with the United States Department of Defense; or

(iii) a developer, manufacturer or producer of a robotic device or uncrewed aircraft who modifies or operates a robotic device or uncrewed aircraft equipped or mounted with a weapon for the sole purpose of developing or testing technology that is intended to detect, prevent, and/or mitigate the unauthorized weaponization of a robotic device or uncrewed aircraft.

(f)  It shall not be a violation of this section for government officials acting in the public performance of their duties to operate a robotic device or uncrewed aircraft equipped or mounted with a weapon, explosive device, or disrupter technology, when used for the purpose of the disposal of explosives or suspected explosives, for development, evaluation, testing, education or training relating to the use of such technologies for the purpose of disposing of explosives or suspected explosives, or for the destruction of property in cases where there is an imminent, deadly threat to human life.

(g) The secretary of the executive office of public safety may establish rules and regulations relating to the permitted use by government officials of robotic devices equipped with disruptor technology or similar technologies. These regulations shall be designed to prevent robotic devices equipped with disruptor technology or similar technologies from harming or injuring human beings.

(h) A law enforcement agency shall be required to obtain a warrant, or other legally required judicial authorization, prior to: (i) deploying a robotic device onto private property in any situation in which a warrant would be required if the entry onto that property were made by a human officer; and (ii) deploying a robotic device to conduct surveillance or location tracking in any situation in which a warrant or other legally required judicial authorization would be required if such surveillance or tracking were conducted by a human officer or other technology.

(i)  Any information regarding the use of a robotic device by a law enforcement agency shall become subject to the commonwealth’s public records law, with such information made available to the public on request, pursuant to the provisions thereof.

(j) The attorney general may bring an action pursuant to section 4 of chapter 93A to remedy a violation of this section.

(k) Private right of action. Any individual alleging that a violation of this section or a regulation promulgated under this section caused them injury or harm may bring a civil action in any court of competent jurisdiction.             

(i) The civil action shall be directed to the agency alleged to have committed the violation or, in the case of an individual, to the person alleged to have committed the violation.

(ii) In a civil action in which the plaintiff prevails, the court may award:—

(a)liquidated damages of not less than five hundred dollars nor more than two thousand dollars;

(b)punitive damages; and

(c)any other relief, including but not limited to an injunction, that the court deems to be appropriate.

(iii) In addition to any relief awarded pursuant to the previous paragraph, the court shall award reasonable attorney’s fees and costs to any prevailing plaintiff.

(l) The secretary of the executive office of public safety shall establish such rules and regulations as it may deem necessary to carry out the provisions of this section.

Additional co-sponsor(s) added to Amendment #248 to H4789

Responsible Robotics