{"AmendmentNumber":"118","ParentBillNumber":"S3178","Bill":null,"Sponsor":{"Id":"MOM0","Name":"Michael O. Moore","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/MOM0","ResponseDate":"2026-07-23T20:40:41.787"},"Category":null,"Action":"Adopted","RollCall":[],"Title":"Responsible Robotics","Branch":"Senate","RedraftNumber":1,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Messrs. Moore, Payano, O'Connor and Eldridge move that the proposed new text be amended by inserting after section 137 the following section:-\r\n\"SECTION 137A. Chapter 269 of the General Laws is hereby amended by adding the following section:-\r\n\tSection 20. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:\r\n\t“Disrupter technology”, a tool, device or system designed to disable, neutralize or dispose of an explosive device or incendiary device or suspected explosive or incendiary device.\r\n“Robotic device”, a device capable of locomotion, navigation, movement or flight that operates at a distance from its operator or supervisor based on commands or in response to sensor data, or a combination of both, including, but not limited to, an uncrewed aerial vehicle.\r\n\t“Weapon”, a device designed to threaten or cause death, incapacitation or physical injury to a person, including, but not limited to, firearms, chemical agents or irritants, kinetic impact projectiles, weaponized lasers and explosive devices; provided, however, that “weapon” shall not include disrupter technology for purposes of this section.\r\n\t(b)(1) It shall be unlawful for any person to knowingly manufacture, modify, sell, transfer, possess or operate a robotic device equipped or mounted with a weapon. Whoever violates this subsection shall be punished by imprisonment in a state prison for not more than 5 years or in a house of correction for not more than 2 1/2 years.\r\n\t(2) Whoever, after having been convicted of an offense under paragraph (1), commits a second offense under this subsection, shall be punished by imprisonment in a state prison for not more than 7 years, for a third such offense, by imprisonment in a state prison for not more than 10 years and for a fourth or subsequent such offense, by imprisonment in a state prison for not more than 15 years.\r\n\t(c) It shall be unlawful for any person, whether or not acting under color of law, to knowingly use a robotic device to: (i) threaten to commit a crime; (ii) criminally harass another person in violation of section 43A of chapter 265; or (iii) physically restrain or attempt to physically restrain another person. Whoever violates this subsection shall be punished by imprisonment in a house of correction for not more than 2 1/2 years, by a fine of not more than $1,000 or by both such fine and imprisonment. Whoever, after having been convicted of an offense under this subsection, commits a second or subsequent offense under this subsection, shall be punished by imprisonment in a house of correction for not more than 2 1/2 years or in a state prison for not more than 10 years, by a fine of not more than $15,000 or by both such fine and imprisonment.\r\n(d) This section shall not apply to:\r\n(i) the United States department of defense or any of its departments, agencies or units;\r\n(ii) the Massachusetts National Guard;\r\n\t(iii) robotic devices within the scope of a defense industrial company’s contract with the United States department of defense or within the scope of a waiver issued pursuant to subsection (e);\r\n\t(iv) robotic devices within the scope of a waiver issued pursuant to subsection (e) solely for the development or testing of technology intended to detect, prevent or mitigate the unauthorized weaponization of robotic devices; and\r\n(v) robotic devices within the scope of a waiver issued pursuant to subsection (e) solely for educational, research or entertainment purposes.\r\n(e) (1) The secretary of public safety and security may issue waivers from the requirements of this section.\r\n(2) A person seeking a waiver under clauses (iii) to (v), inclusive, of subsection (d) shall apply to secretary in a form prescribed by the secretary. Such application shall include, but not be limited to: (i) the name and address of the applicant and of each person who will manufacture, modify, sell, transfer, possess or operate a robotic device pursuant to the waiver; (ii) a description of each robotic device and each weapon to which the waiver will apply; (iii) the purpose for which the waiver is sought; and (iv) such other information as the secretary may require.\r\n(3) The secretary shall not issue a waiver unless the secretary finds that: (i) the activity to be authorized is limited to a purpose described in clauses (iii) to (v), inclusive, of subsection (d); and (ii) the issuance of the waiver would not present an unreasonable risk to public safety.\r\n(4) The secretary may suspend or revoke a waiver, after notice and an opportunity to be heard pursuant to chapter 30A, upon a finding that the holder of the waiver has violated this section, a term or condition of the waiver, or a regulation promulgated pursuant to this section. The secretary may summarily suspend a waiver pending a hearing, upon a finding that continued activity under the waiver presents an immediate threat to public safety.\r\n(f) It shall not be a violation of this section for law enforcement agencies, as defined in section 1 of chapter 6E, or law enforcement officers as defined in said section 1 of said chapter 6E who are certified pursuant to section 4 of said chapter 6E, acting in the public performance of their duties, to possess or operate a robotic device equipped or mounted with a weapon or disrupter technology: (i) to destroy, defuse or dispose of explosives or incendiary devices or suspected explosives or incendiary devices; (ii) for the destruction of property when there is an imminent threat of death or serious bodily injury; or (iii) for development, evaluation, testing, education or training relating to the uses permitted by clauses (i) and (ii); provided, however, that the officer’s certification under section said section 4 of said chapter 6E, is not suspended, limited or restricted.\r\n\t(g) A law enforcement agency or law enforcement officer that possesses or operates a robotic device equipped or mounted with a weapon or disrupter technology for the purposes described under subsection (f) shall be required to obtain a warrant or other legally required judicial authorization prior to deploying such robotic device: (i) onto private property in any situation in which a warrant would be required if the entry onto that property were made by a law enforcement officer; or (ii) 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 law enforcement officer or by means of other technology; provided, however, that law enforcement agencies may deploy a robotic device equipped or mounted with a weapon or disrupter technology without a warrant or other judicial authorization in situations where entry on the private property could be otherwise made, or surveillance or location tracking could otherwise be conducted, by a law enforcement officer or a law enforcement agency without a warrant or judicial authorization.\r\n\t(h) On a quarterly basis, each law enforcement agency shall document each time it uses a robotic device equipped or mounted with a weapon or disrupter technology in a report to the executive office of public safety and security. The report shall include: (i) the date and time of the use; (ii) the scope and objective of the use; (iii) whether the robotic device was equipped or mounted with a weapon, disrupter technology or both; (iv) the permitted reason for use; and (v) whether a warrant or other legally required judicial authorization was obtained prior to the use of such robotic device. Annually, not later than March 31, the executive office of public safety and security shall publish the quarterly reports on its website.\r\n\t(i) The secretary of public safety and security shall promulgate regulations and issue rules to administer this section.”.\r\n"}