S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10374
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Vanel) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   robots and uncrewed aircraft equipped or mounted with weapons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 396-eeee to read as follows:
   § 396-EEEE. ROBOTS AND UNCREWED  AIRCRAFT  EQUIPPED  OR  MOUNTED  WITH
 WEAPONS  PROHIBITED.  1.  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ROBOTIC DEVICE" MEANS A MECHANICAL DEVICE CAPABLE OF  LOCOMOTION,
 NAVIGATION,  OR  MOVEMENT  ON THE GROUND AND THAT OPERATES AT A DISTANCE
 FROM ITS OPERATOR OR SUPERVISOR, BASED ON COMMANDS  OR  IN  RESPONSE  TO
 SENSOR DATA, ARTIFICIAL INTELLIGENCE, OR A COMBINATION THEREOF.
   (B) "UNCREWED AIRCRAFT" MEANS AN AIRCRAFT THAT IS OPERATED WITHOUT THE
 POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT.
   (C)  "WEAPON"  MEANS  ANY  DEVICE DESIGNED TO THREATEN OR CAUSE DEATH,
 INCAPACITATION, OR PHYSICAL INJURY TO  ANY  PERSON,  INCLUDING  BUT  NOT
 LIMITED  TO  STUN GUNS, FIREARMS, MACHINE GUNS, CHEMICAL AGENTS OR IRRI-
 TANTS, KINETIC IMPACT PROJECTILES, WEAPONIZED LASERS, FLAMETHROWERS  AND
 EXPLOSIVE DEVICES.
   (D)  "LAW  ENFORCEMENT"  MEANS  A  LAWFULLY ESTABLISHED STATE OR LOCAL
 PUBLIC AGENCY THAT IS RESPONSIBLE FOR THE PREVENTION  AND  DETECTION  OF
 CRIME,  THE ENFORCEMENT OF LOCAL GOVERNMENT CODES AND THE ENFORCEMENT OF
 PENAL, TRAFFIC,  REGULATORY,  GAME  OR  CONTROLLED  SUBSTANCE  LAWS  AND
 INCLUDES AN AGENT OF THE LAW ENFORCEMENT AGENCY.
   (E)  "DEFENSE  INDUSTRIAL COMPANY" MEANS A COMPANY THAT HAS A CONTRACT
 WITH THE UNITED STATES DEPARTMENT OF  DEFENSE  TO  DESIGN,  MANUFACTURE,
 DEVELOP,  MODIFY, UPGRADE, OR PRODUCE A ROBOTIC DEVICE, AND INCLUDES ANY
 EMPLOYEES OR AGENTS AUTHORIZED BY THAT  DEFENSE  INDUSTRIAL  COMPANY  TO
 ENGAGE IN ACTIVITIES RELATING TO SUCH A CONTRACT ON ITS BEHALF.
   (F) "DISRUPTER TECHNOLOGY" MEANS A CLASS OF DEVICES DESIGNED TO ASSIST
 IN THE DISPOSAL OF EXPLOSIVES OR SUSPECTED EXPLOSIVES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15215-02-4
 A. 10374                            2
 
   2.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON, WHETHER OR NOT ACTING UNDER
 COLOR OF LAW, TO MANUFACTURE, MODIFY, SELL,  TRANSFER,  EQUIP,  USE,  OR
 OPERATE  A  ROBOTIC  DEVICE  OR AN UNCREWED AIRCRAFT EQUIPPED OR MOUNTED
 WITH A WEAPON WITHIN THE STATE.
   3.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON, WHETHER OR NOT ACTING UNDER
 COLOR OF LAW, TO USE A ROBOTIC DEVICE OR UNCREWED AIRCRAFT TO:
   (A) COMMIT THE CRIME OF MENACING DEFINED  IN  SECTION  120.15  OF  THE
 PENAL LAW, OR
   (B)  CRIMINALLY  HARASS ANOTHER PERSON IN VIOLATION OF SECTION 240.25,
 240.26, 240.30, 240.31, OR 240.32 OF THE PENAL LAW.
   4. IT SHALL BE UNLAWFUL FOR ANY PERSON, WHETHER OR  NOT  ACTING  UNDER
 COLOR OF LAW, TO USE A ROBOTIC DEVICE OR UNCREWED AIRCRAFT TO PHYSICALLY
 RESTRAIN  OR  TO ATTEMPT TO PHYSICALLY RESTRAIN A HUMAN BEING WITHIN THE
 STATE.
   5. ANY PERSON WHO KNOWINGLY VIOLATES  THE  PROVISIONS  OF  SUBDIVISION
 TWO,  THREE  OR FOUR OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY
 OF NOT LESS THAN TWENTY-FIVE THOUSAND NOR MORE THAN ONE HUNDRED THOUSAND
 DOLLARS. SUCH FINE SHALL BE IMPOSED IN ADDITION  TO  ANY  OTHER  PENALTY
 PRESCRIBED BY LAW.
   6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
   (A)  A  DEFENSE INDUSTRIAL COMPANY WITH RESPECT TO ROBOTIC DEVICES AND
 UNCREWED AIRCRAFT THAT ARE WITHIN THE SCOPE OF  ITS  CONTRACT  WITH  THE
 UNITED STATES DEPARTMENT OF DEFENSE; OR
   (B)  A ROBOTIC DEVICE DEVELOPER, MANUFACTURER OR PRODUCER WHO MODIFIES
 OR OPERATES A ROBOTIC DEVICE OR UNCREWED AIRCRAFT  EQUIPPED  OR  MOUNTED
 WITH  A  WEAPON FOR THE SOLE PURPOSE OF DEVELOPING OR TESTING TECHNOLOGY
 THAT IS INTENDED TO DETECT, PREVENT  AND/OR  MITIGATE  THE  UNAUTHORIZED
 WEAPONIZATION OF A ROBOTIC DEVICE OR UNCREWED AIRCRAFT.
   7.  IT  SHALL  NOT BE A VIOLATION OF THIS SECTION FOR GOVERNMENT OFFI-
 CIALS ACTING IN THE PUBLIC PERFORMANCE OF  THEIR  DUTIES  TO  OPERATE  A
 ROBOTIC  DEVICE  OR UNCREWED AIRCRAFT EQUIPPED OR MOUNTED WITH A WEAPON,
 EXPLOSIVE DEVICE, OR DISRUPTER TECHNOLOGY, WHEN USED FOR THE PURPOSE  OF
 THE  DISPOSAL  OF  EXPLOSIVES  OR SUSPECTED EXPLOSIVES, FOR DEVELOPMENT,
 EVALUATION, TESTING, EDUCATION OR TRAINING RELATING TO THE USE  OF  SUCH
 TECHNOLOGIES  FOR  THE  PURPOSE  OF DISPOSING OF EXPLOSIVES OR SUSPECTED
 EXPLOSIVES, OR FOR THE DESTRUCTION OF PROPERTY IN CASES WHERE  THERE  IS
 AN IMMINENT, DEADLY THREAT TO HUMAN LIFE.
   8.  LAW  ENFORCEMENT  SHALL  BE REQUIRED TO OBTAIN A WARRANT, OR OTHER
 LEGALLY REQUIRED JUDICIAL AUTHORIZATION, PRIOR TO:
   (A) DEPLOYING A ROBOTIC DEVICE ONTO PRIVATE PROPERTY IN ANY  SITUATION
 IN  WHICH  A  WARRANT  WOULD BE REQUIRED IF THE ENTRY ONTO THAT PROPERTY
 WERE MADE BY A HUMAN OFFICER; OR
   (B) DEPLOYING A ROBOTIC DEVICE TO  CONDUCT  SURVEILLANCE  OR  LOCATION
 TRACKING  IN  ANY SITUATION IN WHICH A WARRANT OR OTHER LEGALLY REQUIRED
 JUDICIAL AUTHORIZATION WOULD BE REQUIRED IF SUCH SURVEILLANCE OR  TRACK-
 ING WERE CONDUCTED BY A HUMAN OFFICER OR OTHER TECHNOLOGY.
   9.  ANY  INFORMATION  REGARDING  THE  USE  OF  A ROBOTIC DEVICE BY LAW
 ENFORCEMENT SHALL BE SUBJECT TO RELEASE PURSUANT TO ARTICLE SIX  OF  THE
 PUBLIC  OFFICERS  LAW, WITH SUCH INFORMATION TO BE MADE AVAILABLE TO THE
 PUBLIC ON REQUEST, PURSUANT TO THE PROVISIONS THEREOF.
   10. THE ATTORNEY GENERAL MAY BRING AN ACTION TO REMEDY A VIOLATION  OF
 THIS SECTION.
   11.  (A) ANY INDIVIDUAL ALLEGING THAT A VIOLATION OF THIS SECTION OR A
 REGULATION PROMULGATED UNDER THIS SECTION CAUSED THEM INJURY OR HARM MAY
 BRING A CIVIL ACTION IN ANY COURT OF COMPETENT JURISDICTION.
 A. 10374                            3

   (B) A CIVIL ACTION BROUGHT  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
 DIRECTED  TO  THE  AGENCY ALLEGED TO HAVE COMMITTED THE VIOLATION OR, IN
 THE CASE OF AN INDIVIDUAL, TO THE PERSON ALLEGED TO HAVE  COMMITTED  THE
 VIOLATION.
   (C)  IN  A CIVIL ACTION IN WHICH THE PLAINTIFF PREVAILS, THE COURT MAY
 AWARD:
   (I) LIQUIDATED DAMAGES OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR  MORE
 THAN TWO THOUSAND DOLLARS;
   (II) PUNITIVE DAMAGES; AND
   (III)  ANY  OTHER  RELIEF, INCLUDING BUT NOT LIMITED TO AN INJUNCTION,
 THAT THE COURT DEEMS TO BE APPROPRIATE.
   (D) IN ADDITION TO ANY RELIEF AWARDED PURSUANT TO THE  PREVIOUS  PARA-
 GRAPH, THE COURT SHALL AWARD REASONABLE ATTORNEY'S FEES AND COSTS TO ANY
 PREVAILING PLAINTIFF.
   12.  THE  ATTORNEY  GENERAL SHALL PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.