Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1978 Compare Versions

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22 HOUSE DOCKET, NO. 960 FILED ON: 1/14/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1978
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Lindsay N. Sabadosa
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to ensure the responsible use of advanced robotic technologies.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/14/2025Patricia A. Duffy5th Hampden1/30/2025 1 of 4
1616 HOUSE DOCKET, NO. 960 FILED ON: 1/14/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1978
1818 By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1978)
1919 of Lindsay N. Sabadosa and Patricia A. Duffy relative to the responsible use of certain advanced
2020 robotic technologies. The Judiciary.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act to ensure the responsible use of advanced robotic technologies.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 Chapter 140 of the General Laws, as appearing in the 2024 Official Edition, is hereby
3030 2amended by inserting after section 131Y the following section:-
3131 3 Section 131Z.
3232 4 (a) As used in this section, the following words shall have the following meanings unless
3333 5the context clearly requires otherwise: —
3434 6 “Robotic device,” a device capable of locomotion, navigation, movement or flight that
3535 7operates at a distance from its operator or supervisor based on commands or in response to
3636 8sensor data, or a combination of both, including but not limited to an uncrewed aerial vehicle.
3737 9 “Weapon”, any device designed to threaten or cause death, incapacitation or physical
3838 10injury to a person, including but not limited to firearms, chemical agents or irritants,
3939 11flamethrowers, kinetic impact projectiles, weaponized lasers and explosive devices. 2 of 4
4040 12 (b) It shall be unlawful for any person, whether or not acting under color of law, to
4141 13manufacture, modify, sell, transfer, possess or operate a robotic device equipped or mounted
4242 14with a weapon. Whoever knowingly violates the provisions of this subsection shall be punished
4343 15by imprisonment in the state prison for not less than 2½ years nor more than 5 years, or in a
4444 16house of correction for not less than 18 months nor more than 2 ½ years. Whoever, after having
4545 17been convicted of any of the offenses set forth in this subsection, commits a second or
4646 18subsequent offense set forth in this subsection, shall be punished by imprisonment in the state
4747 19prison for not less than 5 years nor more than 7 years; for a third such offense, by imprisonment
4848 20in the state prison for not less than 7 years nor more than 10 years; and for a fourth such offense,
4949 21by imprisonment in the state prison for not less than 10 years nor more than 15 years.
5050 22 (c) It shall be unlawful for any person, whether or not acting under color of law, to use a
5151 23robotic device to: (A) threaten to commit a crime in violation of section 2 of chapter 275; (B)
5252 24criminally harass another person in violation of section 43A of chapter 265; or (C) physically
5353 25restrain or to attempt to physically restrain another person. Whoever knowingly violates the
5454 26provisions of this subsection shall be punished by imprisonment in a house of correction for not
5555 27more than 2½ years, by a fine of not more than $1,000 or by both such fine and imprisonment.
5656 28Whoever, after having been convicted of any of the offenses set forth in this subsection, commits
5757 29a second or subsequent offense set forth in this subsection, shall be punished by imprisonment in
5858 30a house of correction for not more than 2½ years or in a state prison for not more than 10 years,
5959 31by a fine of not more than $15,000 or by both such fine and imprisonment.
6060 32 (d) This section shall not apply to: 3 of 4
6161 33 (i) the United States Department of Defense, or any of its departments, agencies or units,
6262 34and the Massachusetts National Guard;
6363 35 (ii) a defense industrial company with respect to robotic devices that are within the scope
6464 36of its contract with the department of defense;
6565 37 (iii) a defense industrial company with respect to robotic devices that are within the scope
6666 38of its waiver obtained from the attorney general;
6767 39 (iv) robotic devices within the scope of a waiver obtained from the attorney general
6868 40solely for the development or testing of technology intended to detect, prevent or mitigate the
6969 41unauthorized weaponization of robotic devices; or
7070 42 (v) robotic devices within the scope of a waiver obtained from the attorney general solely
7171 43for educational or entertainment purposes.
7272 44 (e) It shall not be a violation of this section for law enforcement agencies or officers, as
7373 45those terms are defined in section 1 of chapter 6E, acting in the public performance of their
7474 46duties to operate a robotic device equipped or mounted with a weapon or disrupter technology:
7575 47(i) to destroy, defuse or dispose of explosives or suspected explosives; (ii) for the destruction of
7676 48property when there is an imminent threat of death or serious bodily injury; or (iii) for
7777 49development, evaluation, testing, education or training relating to the uses permitted in (ii) and
7878 50(iii) of this subsection.
7979 51 (f) A law enforcement agency shall be required to obtain a warrant, or other legally
8080 52required judicial authorization, prior to deploying a robotic device: (i) onto private property in
8181 53any situation in which a warrant would be required if the entry onto that property were made by 4 of 4
8282 54an officer; and (ii) to conduct surveillance or location tracking in any situation in which a
8383 55warrant or other legally required judicial authorization would be required if such surveillance or
8484 56tracking were conducted by an officer or other technology.
8585 57 (g) Any individual may bring a civil action for damages and equitable relief, including
8686 58injunctive relief, resulting from a violation of this section or a regulation promulgated under this
8787 59section in any court of competent jurisdiction. A plaintiff who prevails in an action under this
8888 60section shall be entitled to an award of reasonable attorneys’ fees and costs incurred in
8989 61connection with said action.
9090 62 (h) Each law enforcement agency shall document, as a public record, each time it uses a
9191 63robotic device quarterly to the executive office of public safety and security. Reported
9292 64information shall include: the date and time of the use; the scope, target and objective of the use;
9393 65whether the robotic device was equipped or mounted with a weapon; the permitted reason for
9494 66use; and whether a warrant or other legally required judicial authorization was obtained. The
9595 67executive office of public safety and security shall annually, not later than March 31, publicly
9696 68report this information on its website.
9797 69 (i) The secretary of the executive office of public safety may promulgate rules and
9898 70regulations to carry out the provisions of this section, including rules and regulations related to
9999 71the permitted uses of robotic devices equipped or mounted with a weapon by law enforcement
100100 72set forth in subsection (e).
101101 73 (j) The attorney general shall promulgate rules and regulations relating to the waivers
102102 74described in subsection (d).