Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4832 Compare Versions

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1	1	HOUSE . . . . . . . . No. 4832
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, July 10, 2024.
5	5	The committee on the Judiciary, to whom were referred the petition
6	6	petition (accompanied by bill, Senate, No. 2483) of Michael O. Moore for
7	7	legislation to ensure the responsible use of advanced robotic technologies,
8	8	the petition (accompanied by bill, House, No. 1488) of Michael J. Finn
9	9	relative to penalties for unauthorized use of unmanned aerial vehicles and
10	10	the petition (accompanied by bill, House, No. 4103) of Lindsay N.
11	11	Sabadosa relative to the responsible use of certain advanced robotic
12	12	technologies, reports recommending that the accompanying bill (House,
13	13	No. 4832) ought to pass.
14	14	For the committee,
15	15	MICHAEL S. DAY. 1 of 4
16	16	FILED ON: 6/28/2024
17	17	HOUSE . . . . . . . . . . . . . . . No. 4832
18	18	The Commonwealth of Massachusetts
19	19	_______________
20	20	In the One Hundred and Ninety-Third General Court
21	21	(2023-2024)
22	22	_______________
23	23	An Act relative to civil rights and technology.
24	24	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
25	25	of the same, as follows:
26	26	1 SECTION 1. Chapter 140 of the General Laws, as appearing in the 2022 Official Edition,
27	27	2is hereby amended by inserting after section 131Y the following section:—
28	28	3 Section 131Z.
29	29	4 (a) As used in this section, the following words shall have the following meanings unless
30	30	5the context clearly requires otherwise: —
31	31	6 “Robotic device,” a device capable of locomotion, navigation, movement or flight that
32	32	7operates at a distance from its operator or supervisor based on commands or in response to
33	33	8sensor data, or a combination of both, including but not limited to an uncrewed aerial vehicle.
34	34	9 “Weapon”, any device designed to threaten or cause death, incapacitation or physical
35	35	10injury to a person, including but not limited to firearms, chemical agents or irritants, kinetic
36	36	11impact projectiles, weaponized lasers and explosive devices. 2 of 4
37	37	12 (b) It shall be unlawful for any person, whether or not acting under color of law, to
38	38	13manufacture, modify, sell, transfer, possess or operate a robotic device equipped or mounted
39	39	14with a weapon. Whoever knowingly violates the provisions of this subsection shall be punished
40	40	15by imprisonment in the state prison for not less than 2½ years nor more than 5 years, or in a
41	41	16house of correction for not less than 18 months nor more than 2 ½ years. Whoever, after having
42	42	17been convicted of any of the offenses set forth in this subsection, commits a second or
43	43	18subsequent offense set forth in this subsection, shall be punished by imprisonment in the state
44	44	19prison for not less than 5 years nor more than 7 years; for a third such offense, by imprisonment
45	45	20in the state prison for not less than 7 years nor more than 10 years; and for a fourth such offense,
46	46	21by imprisonment in the state prison for not less than 10 years nor more than 15 years.
47	47	22 (c) It shall be unlawful for any person, whether or not acting under color of law, to use a
48	48	23robotic device to: (A) threaten to commit a crime in violation of section 2 of chapter 275; (B)
49	49	24criminally harass another person in violation of section 43A of chapter 265; or (C) physically
50	50	25restrain or to attempt to physically restrain another person. Whoever knowingly violates the
51	51	26provisions of this subsection shall be punished by imprisonment in a house of correction for not
52	52	27more than 2½ years, by a fine of not more than $1,000 or by both such fine and imprisonment.
53	53	28Whoever, after having been convicted of any of the offenses set forth in this subsection, commits
54	54	29a second or subsequent offense set forth in this subsection, shall be punished by imprisonment in
55	55	30a house of correction for not more than 2½ years or in a state prison for not more than 10 years,
56	56	31by a fine of not more than $15,000 or by both such fine and imprisonment.
57	57	32 (d) This section shall not apply to: 3 of 4
58	58	33 (i) the United States Department of Defense, or any of its departments, agencies or units,
59	59	34and the Massachusetts National Guard;
60	60	35 (ii) a defense industrial company with respect to robotic devices that are within the scope
61	61	36of its contract with the department of defense;
62	62	37 (iii) a defense industrial company with respect to robotic devices that are within the scope
63	63	38of its waiver obtained from the attorney general;
64	64	39 (iv) robotic devices within the scope of a waiver obtained from the attorney general
65	65	40solely for the development or testing of technology intended to detect, prevent or mitigate the
66	66	41unauthorized weaponization of robotic devices; or
67	67	42 (v) robotic devices within the scope of a waiver obtained from the attorney general solely
68	68	43for educational or entertainment purposes.
69	69	44 (e) It shall not be a violation of this section for law enforcement agencies or officers, as
70	70	45those terms are defined in section 1 of chapter 6E, acting in the public performance of their
71	71	46duties to operate a robotic device equipped or mounted with a weapon or disrupter technology:
72	72	47(i) to destroy, defuse or dispose of explosives or suspected explosives; (ii) for the destruction of
73	73	48property when there is an imminent threat of death or serious bodily injury; or (iii) for
74	74	49development, evaluation, testing, education or training relating to the uses permitted in (ii) and
75	75	50(iii) of this subsection.
76	76	51 (f) A law enforcement agency shall be required to obtain a warrant, or other legally
77	77	52required judicial authorization, prior to deploying a robotic device: (i) onto private property in
78	78	53any situation in which a warrant would be required if the entry onto that property were made by 4 of 4
79	79	54an officer; and (ii) to conduct surveillance or location tracking in any situation in which a
80	80	55warrant or other legally required judicial authorization would be required if such surveillance or
81	81	56tracking were conducted by an officer or other technology.
82	82	57 (g) Any individual may bring a civil action for damages and equitable relief, including
83	83	58injunctive relief, resulting from a violation of this section or a regulation promulgated under this
84	84	59section in any court of competent jurisdiction. A plaintiff who prevails in an action under this
85	85	60section shall be entitled to an award of reasonable attorneys’ fees and costs incurred in
86	86	61connection with said action.
87	87	62 (h) Each law enforcement agency shall document, as a public record, each time it uses a
88	88	63robotic device quarterly to the executive office of public safety and security. Reported
89	89	64information shall include: the date and time of the use; the scope, target and objective of the use;
90	90	65whether the robotic device was equipped or mounted with a weapon; the permitted reason for
91	91	66use; and whether a warrant or other legally required judicial authorization was obtained. The
92	92	67executive office of public safety and security shall annually, not later than March 31, publicly
93	93	68report this information on its website.
94	94	69 (i) The secretary of the executive office of public safety may promulgate rules and
95	95	70regulations to carry out the provisions of this section, including rules and regulations related to
96	96	71the permitted uses of robotic devices equipped or mounted with a weapon by law enforcement
97	97	72set forth in subsection (e).
98	98	73 (j) The attorney general shall promulgate rules and regulations relating to the waivers
99	99	74described in subsection (d).