1 | 1 | | 1 of 1 |
---|
2 | 2 | | HOUSE DOCKET, NO. 960 FILED ON: 1/14/2025 |
---|
3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1978 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | Lindsay N. Sabadosa |
---|
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 :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/14/2025Patricia A. Duffy5th Hampden1/30/2025 1 of 4 |
---|
16 | 16 | | HOUSE DOCKET, NO. 960 FILED ON: 1/14/2025 |
---|
17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1978 |
---|
18 | 18 | | By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1978) |
---|
19 | 19 | | of Lindsay N. Sabadosa and Patricia A. Duffy relative to the responsible use of certain advanced |
---|
20 | 20 | | robotic technologies. The Judiciary. |
---|
21 | 21 | | The Commonwealth of Massachusetts |
---|
22 | 22 | | _______________ |
---|
23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
---|
24 | 24 | | (2025-2026) |
---|
25 | 25 | | _______________ |
---|
26 | 26 | | An Act to ensure the responsible use of advanced robotic technologies. |
---|
27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
28 | 28 | | of the same, as follows: |
---|
29 | 29 | | 1 Chapter 140 of the General Laws, as appearing in the 2024 Official Edition, is hereby |
---|
30 | 30 | | 2amended by inserting after section 131Y the following section:- |
---|
31 | 31 | | 3 Section 131Z. |
---|
32 | 32 | | 4 (a) As used in this section, the following words shall have the following meanings unless |
---|
33 | 33 | | 5the context clearly requires otherwise: — |
---|
34 | 34 | | 6 “Robotic device,” a device capable of locomotion, navigation, movement or flight that |
---|
35 | 35 | | 7operates at a distance from its operator or supervisor based on commands or in response to |
---|
36 | 36 | | 8sensor data, or a combination of both, including but not limited to an uncrewed aerial vehicle. |
---|
37 | 37 | | 9 “Weapon”, any device designed to threaten or cause death, incapacitation or physical |
---|
38 | 38 | | 10injury to a person, including but not limited to firearms, chemical agents or irritants, |
---|
39 | 39 | | 11flamethrowers, kinetic impact projectiles, weaponized lasers and explosive devices. 2 of 4 |
---|
40 | 40 | | 12 (b) It shall be unlawful for any person, whether or not acting under color of law, to |
---|
41 | 41 | | 13manufacture, modify, sell, transfer, possess or operate a robotic device equipped or mounted |
---|
42 | 42 | | 14with a weapon. Whoever knowingly violates the provisions of this subsection shall be punished |
---|
43 | 43 | | 15by imprisonment in the state prison for not less than 2½ years nor more than 5 years, or in a |
---|
44 | 44 | | 16house of correction for not less than 18 months nor more than 2 ½ years. Whoever, after having |
---|
45 | 45 | | 17been convicted of any of the offenses set forth in this subsection, commits a second or |
---|
46 | 46 | | 18subsequent offense set forth in this subsection, shall be punished by imprisonment in the state |
---|
47 | 47 | | 19prison for not less than 5 years nor more than 7 years; for a third such offense, by imprisonment |
---|
48 | 48 | | 20in the state prison for not less than 7 years nor more than 10 years; and for a fourth such offense, |
---|
49 | 49 | | 21by imprisonment in the state prison for not less than 10 years nor more than 15 years. |
---|
50 | 50 | | 22 (c) It shall be unlawful for any person, whether or not acting under color of law, to use a |
---|
51 | 51 | | 23robotic device to: (A) threaten to commit a crime in violation of section 2 of chapter 275; (B) |
---|
52 | 52 | | 24criminally harass another person in violation of section 43A of chapter 265; or (C) physically |
---|
53 | 53 | | 25restrain or to attempt to physically restrain another person. Whoever knowingly violates the |
---|
54 | 54 | | 26provisions of this subsection shall be punished by imprisonment in a house of correction for not |
---|
55 | 55 | | 27more than 2½ years, by a fine of not more than $1,000 or by both such fine and imprisonment. |
---|
56 | 56 | | 28Whoever, after having been convicted of any of the offenses set forth in this subsection, commits |
---|
57 | 57 | | 29a second or subsequent offense set forth in this subsection, shall be punished by imprisonment in |
---|
58 | 58 | | 30a house of correction for not more than 2½ years or in a state prison for not more than 10 years, |
---|
59 | 59 | | 31by a fine of not more than $15,000 or by both such fine and imprisonment. |
---|
60 | 60 | | 32 (d) This section shall not apply to: 3 of 4 |
---|
61 | 61 | | 33 (i) the United States Department of Defense, or any of its departments, agencies or units, |
---|
62 | 62 | | 34and the Massachusetts National Guard; |
---|
63 | 63 | | 35 (ii) a defense industrial company with respect to robotic devices that are within the scope |
---|
64 | 64 | | 36of its contract with the department of defense; |
---|
65 | 65 | | 37 (iii) a defense industrial company with respect to robotic devices that are within the scope |
---|
66 | 66 | | 38of its waiver obtained from the attorney general; |
---|
67 | 67 | | 39 (iv) robotic devices within the scope of a waiver obtained from the attorney general |
---|
68 | 68 | | 40solely for the development or testing of technology intended to detect, prevent or mitigate the |
---|
69 | 69 | | 41unauthorized weaponization of robotic devices; or |
---|
70 | 70 | | 42 (v) robotic devices within the scope of a waiver obtained from the attorney general solely |
---|
71 | 71 | | 43for educational or entertainment purposes. |
---|
72 | 72 | | 44 (e) It shall not be a violation of this section for law enforcement agencies or officers, as |
---|
73 | 73 | | 45those terms are defined in section 1 of chapter 6E, acting in the public performance of their |
---|
74 | 74 | | 46duties to operate a robotic device equipped or mounted with a weapon or disrupter technology: |
---|
75 | 75 | | 47(i) to destroy, defuse or dispose of explosives or suspected explosives; (ii) for the destruction of |
---|
76 | 76 | | 48property when there is an imminent threat of death or serious bodily injury; or (iii) for |
---|
77 | 77 | | 49development, evaluation, testing, education or training relating to the uses permitted in (ii) and |
---|
78 | 78 | | 50(iii) of this subsection. |
---|
79 | 79 | | 51 (f) A law enforcement agency shall be required to obtain a warrant, or other legally |
---|
80 | 80 | | 52required judicial authorization, prior to deploying a robotic device: (i) onto private property in |
---|
81 | 81 | | 53any situation in which a warrant would be required if the entry onto that property were made by 4 of 4 |
---|
82 | 82 | | 54an officer; and (ii) to conduct surveillance or location tracking in any situation in which a |
---|
83 | 83 | | 55warrant or other legally required judicial authorization would be required if such surveillance or |
---|
84 | 84 | | 56tracking were conducted by an officer or other technology. |
---|
85 | 85 | | 57 (g) Any individual may bring a civil action for damages and equitable relief, including |
---|
86 | 86 | | 58injunctive relief, resulting from a violation of this section or a regulation promulgated under this |
---|
87 | 87 | | 59section in any court of competent jurisdiction. A plaintiff who prevails in an action under this |
---|
88 | 88 | | 60section shall be entitled to an award of reasonable attorneys’ fees and costs incurred in |
---|
89 | 89 | | 61connection with said action. |
---|
90 | 90 | | 62 (h) Each law enforcement agency shall document, as a public record, each time it uses a |
---|
91 | 91 | | 63robotic device quarterly to the executive office of public safety and security. Reported |
---|
92 | 92 | | 64information shall include: the date and time of the use; the scope, target and objective of the use; |
---|
93 | 93 | | 65whether the robotic device was equipped or mounted with a weapon; the permitted reason for |
---|
94 | 94 | | 66use; and whether a warrant or other legally required judicial authorization was obtained. The |
---|
95 | 95 | | 67executive office of public safety and security shall annually, not later than March 31, publicly |
---|
96 | 96 | | 68report this information on its website. |
---|
97 | 97 | | 69 (i) The secretary of the executive office of public safety may promulgate rules and |
---|
98 | 98 | | 70regulations to carry out the provisions of this section, including rules and regulations related to |
---|
99 | 99 | | 71the permitted uses of robotic devices equipped or mounted with a weapon by law enforcement |
---|
100 | 100 | | 72set forth in subsection (e). |
---|
101 | 101 | | 73 (j) The attorney general shall promulgate rules and regulations relating to the waivers |
---|
102 | 102 | | 74described in subsection (d). |
---|