Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2483 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2756 FILED ON: 9/12/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2483
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael O. Moore
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to ensure the responsible use of advanced robotic technologies.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 4
16	16	SENATE DOCKET, NO. 2756 FILED ON: 9/12/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2483
18	18	By Mr. Moore, a petition (accompanied by bill) (subject to Joint Rule 12) of Michael O. Moore
19	19	for legislation to ensure the responsible use of advanced robotic technologies. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act to ensure the responsible use of advanced robotic technologies.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 140 of the General Laws, as appearing in the 2018 Official Edition,
29	29	2is hereby amended by inserting after section 122D the following section:-
30	30	3 Section 122E.
31	31	4 (a) As used in this section, the following words shall have the following meanings:-
32	32	5 “Robotic device,” means a mechanical device capable of locomotion, navigation, or
33	33	6movement on the ground and that operates at a distance from its operator(s) or supervisor(s),
34	34	7based on commands or in response to sensor data, or a combination of those;
35	35	8 “Uncrewed aircraft” means an aircraft that is operated without the possibility of direct
36	36	9human intervention from within or on the aircraft; and 2 of 4
37	37	10 “Weapon” means any device designed to threaten or cause death, incapacitation, or
38	38	11physical injury to any person, including but not limited to stun guns, firearms, machine guns,
39	39	12chemical agents or irritants, kinetic impact projectiles, weaponized lasers, and explosive devices.
40	40	13 (b) Within the commonwealth, it shall be unlawful for any person, whether or not acting
41	41	14under color of law, to manufacture, modify, sell, transfer, or operate a robotic device or an
42	42	15uncrewed aircraft equipped or mounted with a weapon.
43	43	16 (c) Within the commonwealth, it shall be unlawful for any person, whether or not acting
44	44	17under color of law, to use a robotic device or uncrewed aircraft to (i) commit the crime of threats
45	45	18established in section 2 of chapter 275 of the general laws, or (ii) criminally harass another
46	46	19person in terms of section 43A of chapter 265 of the general laws.
47	47	20 (d) Within the commonwealth, it shall be unlawful for any person, whether or not acting
48	48	21under color of law, to use a robotic device or uncrewed aircraft to physically restrain or to
49	49	22attempt to physically restrain a human being.
50	50	23 (e) Whoever knowingly violates the provisions of paragraphs (b), (c), and (d) shall be
51	51	24required to pay a fine of not less than five thousand nor more than twenty-five thousand dollars.
52	52	25Such fine shall be imposed in addition to any other penalty imposed pursuant to the general laws.
53	53	26 (f) This section shall not apply to:
54	54	27 (i) defense industrial companies under contract with the Department of Defense with
55	55	28respect to robotic devices and uncrewed aircraft being developed or produced under that
56	56	29contract; 3 of 4
57	57	30 (ii) to a defense industrial company that obtains a waiver from the Attorney General, as to
58	58	31robotic devices and uncrewed aircraft that are covered by such a waiver; or
59	59	32 (iii) to a robotics company that obtains a waiver from the Attorney General for the
60	60	33purpose of testing anti-weaponization technologies, as to the robotic devices and uncrewed
61	61	34aircraft that are covered by such a waiver.
62	62	35 (g) It shall not be a violation of this section for government officials acting in the public
63	63	36performance of their duties to operate a robotic device or uncrewed aircraft equipped or mounted
64	64	37with a weapon, explosive device, or disrupter technology, when used for the purpose of the
65	65	38disposal of explosives or suspected explosives, for development, evaluation, testing, education or
66	66	39training relating to the use of such technologies for the purpose of disposing of explosives or
67	67	40suspected explosives, or for the destruction of property in cases where there is an imminent,
68	68	41deadly threat to human life.
69	69	42 (h) The secretary of the executive office of public safety may establish rules and
70	70	43regulations relating to the permitted use by government officials of robotic devices equipped
71	71	44with disruptors or similar technologies. These regulations shall be designed to prevent robotic
72	72	45devices equipped with disruptors or similar technologies from harming or injuring human beings.
73	73	46 (i) A law enforcement agency shall be required to obtain a warrant, or other legally
74	74	47required judicial authorization, prior to: (i) deploying a robotic device onto private property in
75	75	48any situation in which a warrant would be required if the entry onto that property were made by a
76	76	49human officer; and (ii) deploying a robotic device to conduct surveillance or location tracking in
77	77	50any situation in which a warrant or other legally required judicial authorization would be
78	78	51required if such surveillance or tracking were conducted by a human officer or other technology. 4 of 4
79	79	52 (j) Any information regarding the use of a robotic device by a law enforcement agency
80	80	53shall become subject to the commonwealth’s public records law, with such information made
81	81	54available to the public on request, pursuant to the provisions thereof.
82	82	55 (k) The attorney general may bring an action pursuant to section 4 of chapter 93A to
83	83	56remedy a violation of this section.
84	84	57 (l) Private right of action. Any individual alleging that a violation of this section or a
85	85	58regulation promulgated under this section caused them injury or harm may bring a civil action in
86	86	59any court of competent jurisdiction.
87	87	60 (i) The civil action shall be directed to the agency alleged to have committed the violation
88	88	61or, in the case of an individual, to the person alleged to have committed the violation.
89	89	62 (ii) In a civil action in which the plaintiff prevails, the court may award:-
90	90	63 (a) liquidated damages of not less than five hundred dollars nor more than two thousand
91	91	64dollars;
92	92	65 (b) punitive damages; and
93	93	66 (c) any other relief, including but not limited to an injunction, that the court deems to be
94	94	67appropriate.
95	95	68 (iii) In addition to any relief awarded pursuant to the previous paragraph, the court shall
96	96	69award reasonable attorney’s fees and costs to any prevailing plaintiff.
97	97	70 (m) The secretary of the executive office of public safety shall establish such rules and
98	98	71regulations as it may deem necessary to carry out the provisions of this section.