1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *TNL114* 02/17/2025 1:21:17 PM TNL114 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 HOUSE BILL 1504 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Representative S. Meeks 5 |
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8 | 8 | | By: Senator M. Johnson 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO CREATE THE OFFENSE OF MANUFACTURING, 9 |
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12 | 12 | | MODIFYING, SELLING, TRANSFERRING, OR OPERATING A 10 |
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13 | 13 | | ROBOTIC DEVICE OR AN UNCREWED AIRCRAFT THAT IS 11 |
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14 | 14 | | EQUIPPED OR MOUNTED WITH A WEAPON; AND FOR OTHER 12 |
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15 | 15 | | PURPOSES. 13 |
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16 | 16 | | 14 |
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17 | 17 | | 15 |
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18 | 18 | | Subtitle 16 |
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19 | 19 | | TO CREATE THE OFFENSE OF MANUFACTURING, 17 |
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20 | 20 | | MODIFYING, SELLING, TRANSFERRING, OR 18 |
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21 | 21 | | OPERATING A ROBOTIC DEVICE OR AN 19 |
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22 | 22 | | UNCREWED AIRCRAFT THAT IS EQUIPPED OR 20 |
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23 | 23 | | MOUNTED WITH A WEAPON. 21 |
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24 | 24 | | 22 |
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25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 |
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26 | 26 | | 24 |
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27 | 27 | | SECTION 1. Arkansas Code Title 5, Subtitle 6, is amended to add an 25 |
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28 | 28 | | additional chapter to read as follows: 26 |
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29 | 29 | | Chapter 80 — Robotic Devices and Uncrewed Aircraft 27 |
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30 | 30 | | 28 |
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31 | 31 | | 5-80-101. Definitions. 29 |
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32 | 32 | | As used in this chapter: 30 |
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33 | 33 | | (1) "Robotic device" means a mechanical device that: 31 |
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34 | 34 | | (A) Is capable of locomotion, navigation, or movement on 32 |
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35 | 35 | | the ground; and 33 |
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36 | 36 | | (B) Operates at a distance from its operator based on 34 |
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37 | 37 | | commands or in response to sensor data or a combination of commands and 35 |
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38 | 38 | | response to sensor data; 36 HB1504 |
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39 | 39 | | |
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40 | 40 | | 2 02/17/2025 1:21:17 PM TNL114 |
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41 | 41 | | (2) "Uncrewed aircraft" means an aircraft, as defined by § 5 -75-1 |
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42 | 42 | | 101, that is operated without the possibility of direct human operation or 2 |
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43 | 43 | | intervention from within or on the aircraft; and 3 |
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44 | 44 | | (3) "Weapon" means a device that is designed to threaten or 4 |
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45 | 45 | | cause death, incapacitation, or physical injury to a person, including 5 |
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46 | 46 | | without limitation: 6 |
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47 | 47 | | (A) A stun gun; 7 |
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48 | 48 | | (B) A firearm; 8 |
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49 | 49 | | (C) A machine gun; 9 |
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50 | 50 | | (D) A chemical agent or irritant; 10 |
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51 | 51 | | (E) A kinetic impact projectile; 11 |
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52 | 52 | | (F) A weaponized laser; and 12 |
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53 | 53 | | (G) An explosive device. 13 |
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54 | 54 | | 14 |
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55 | 55 | | 5-80-102. Unlawful acts. 15 |
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56 | 56 | | (a) It is unlawful for a person knowingly to manufacture, modify, 16 |
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57 | 57 | | sell, transfer, or operate a robotic device equipped or mounted with a weapon 17 |
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58 | 58 | | or an uncrewed aircraft equipped or mounted with a weapon. 18 |
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59 | 59 | | (b) It is unlawful for a person knowingly to use a robotic device or 19 |
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60 | 60 | | an uncrewed aircraft to: 20 |
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61 | 61 | | (1) Commit the offense of terroristic threatening under § 5 -13-21 |
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62 | 62 | | 301 et seq.; or 22 |
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63 | 63 | | (2) Commit the offense of harassment under § 5 -71-208. 23 |
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64 | 64 | | (c) It is unlawful for a person knowingly to use a robotic device or 24 |
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65 | 65 | | an uncrewed aircraft to physically restrain or to attempt to physically 25 |
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66 | 66 | | restrain a human being. 26 |
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67 | 67 | | (d) A person who commits an offense under this section is guilty of a 27 |
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68 | 68 | | violation and upon conviction shall be fined in a sum of not less than five 28 |
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69 | 69 | | thousand dollars ($5,000) nor more than twenty -five thousand dollars 29 |
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70 | 70 | | ($25,000). 30 |
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71 | 71 | | (e) A person who knowingly uses or directs a robotic device equipped 31 |
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72 | 72 | | or mounted with a weapon or an uncrewed aircraft equipped or mounted with a 32 |
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73 | 73 | | weapon to commit or facilitate the commission of another offense shall be 33 |
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74 | 74 | | held criminally liable for that offense as if the person had personally 34 |
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75 | 75 | | committed the act. 35 |
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76 | 76 | | 36 HB1504 |
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77 | 77 | | |
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78 | 78 | | 3 02/17/2025 1:21:17 PM TNL114 |
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79 | 79 | | 5-80-103. Exceptions. 1 |
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80 | 80 | | (a) This chapter shall not apply to: 2 |
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81 | 81 | | (1) A defense industrial company that is under contract with the 3 |
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82 | 82 | | United States Department of Defense with respect to robotic devices and 4 |
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83 | 83 | | uncrewed aircraft being developed or produced under that contract; 5 |
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84 | 84 | | (2) A defense industrial company that obtains a waiver from the 6 |
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85 | 85 | | Attorney General regarding robotic devices and uncrewed aircraft; or 7 |
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86 | 86 | | (3) A robotics company that obtains a waiver from the Attorney 8 |
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87 | 87 | | General for the purpose of testing anti -weaponization technologies with 9 |
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88 | 88 | | respect to robotic devices and uncrewed aircraft. 10 |
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89 | 89 | | (b) It shall not be a violation of this chapter for an individual 11 |
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90 | 90 | | employed by the United States Government, the state, or an accredited bomb 12 |
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91 | 91 | | squad who is acting in the public performance of his or her duties to operate 13 |
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92 | 92 | | a robotic device that is equipped or mounted with a weapon or an uncrewed 14 |
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93 | 93 | | aircraft that is equipped or mounted with a weapon if the individual employed 15 |
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94 | 94 | | by the United States Government, the state, or an accredited bomb squad is 16 |
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95 | 95 | | doing so for the purpose of: 17 |
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96 | 96 | | (1) Disposing of explosives or suspected explosives; 18 |
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97 | 97 | | (2) Developing, evaluating, testing, providing education on, or 19 |
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98 | 98 | | providing training on a robotic device or an uncrewed aircraft for the 20 |
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99 | 99 | | purpose of disposing of explosives or suspected explosives; or 21 |
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100 | 100 | | (3) Destroying property in cases where there is an imminent, 22 |
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101 | 101 | | deadly threat to human life. 23 |
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102 | 102 | | 24 |
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103 | 103 | | 5-80-104. Law enforcement — Duties. 25 |
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104 | 104 | | A law enforcement agency shall obtain a warrant or other legally 26 |
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105 | 105 | | required judicial authorization before the law enforcement agency may: 27 |
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106 | 106 | | (1) Deploy a robotic device onto private property in a situation 28 |
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107 | 107 | | in which a warrant or other legally required judicial authorization would be 29 |
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108 | 108 | | required if the entry onto the private property were made by a human law 30 |
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109 | 109 | | enforcement officer; or 31 |
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110 | 110 | | (2) Deploy a robotic device to conduct surveillance or location 32 |
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111 | 111 | | tracking in a situation in which a warrant or other legally required judicial 33 |
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112 | 112 | | authorization would be required if the surveillance or location tracking were 34 |
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113 | 113 | | conducted by a human law enforcement officer or a form of technology. 35 |
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114 | 114 | | 36 HB1504 |
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115 | 115 | | |
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116 | 116 | | 4 02/17/2025 1:21:17 PM TNL114 |
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117 | 117 | | SECTION 2. Arkansas Code Title 16, Chapter 118 is amended to add an 1 |
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118 | 118 | | additional section to read as follows: 2 |
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119 | 119 | | 16-118-119. Civil action for unlawful use of robotic device or 3 |
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120 | 120 | | uncrewed aircraft. 4 |
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121 | 121 | | (a) The Attorney General may bring an action against a person who is 5 |
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122 | 122 | | suspected of violating this chapter. 6 |
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123 | 123 | | (b)(1) A person whose property or person is injured by reason of a 7 |
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124 | 124 | | violation of § 5-80-101 et seq. or rules promulgated pursuant to § 5 -80-101 8 |
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125 | 125 | | et seq. may sue for the injury and recover for any damages sustained and the 9 |
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126 | 126 | | costs of the suit. 10 |
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127 | 127 | | (2) A civil action brought under subdivision (b)(1) of this 11 |
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128 | 128 | | section shall be brought against the government agency alleged to have 12 |
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129 | 129 | | violated this chapter, or, in the case of an individual, to the person 13 |
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130 | 130 | | alleged to have violated this chapter. 14 |
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131 | 131 | | (3) In a civil action in which the plaintiff prevails, a court 15 |
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132 | 132 | | may award: 16 |
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133 | 133 | | (A) Liquidated damages of not less than five hundred 17 |
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134 | 134 | | dollars ($500) nor more than two thousand dollars ($2,000); 18 |
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135 | 135 | | (B) Punitive damages; or 19 |
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136 | 136 | | (C) Any other relief that the court deems appropriate, 20 |
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137 | 137 | | including without limitation injunctive relief. 21 |
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138 | 138 | | (4) In a civil action in which the plaintiff prevails, a court 22 |
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139 | 139 | | shall award reasonable attorney's fees and costs. 23 |
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