NY State Senate Bill 2023-S9439A

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2024	print number 9439a
May 24, 2024	amend and recommit to consumer protection
May 15, 2024	referred to consumer protection

Bill Amendments

Original

A (Active)

2023-S9439 - Details

See Assembly Version of this Bill:: A10374
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-eeee, Gen Bus L

2023-S9439 - Summary

Prohibits the manufacture, modification, sale, transfer, equipping, use, or operation of a robotic device or an uncrewed aircraft equipped or mounted with a weapon within the state.

2023-S9439 - Sponsor Memo

                                 
BILL NUMBER: S9439

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
robots and uncrewed aircraft equipped or mounted with weapons

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits robots and uncrewed aircraft equipped or mounted with weapons.

 
SUMMARTY OF PROVISIONS:

396-eeee(1): Defines important terms

396-eeee(2): Makes it unlawful for any person 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.

396-eeee(3): Makes it unlawful to use a robotic device or uncrewed
aircraft to commit the crime of menacing or criminally harass another

person.

396-eeee(4): Makes it unlawful for any person to use a robotic device or
uncrewed aircraft to physically restrain or attempt to physically
restrain another.

396-eeee(5): Sets a penalty of not less than $25,000 and not more than
$100,000 for violating subdivisions two, three, or four of this section.

396-eeee(6): Exempts from the prohibitions of this section (1) defense
industrial companies within the scope of their contract with the U.S.
Department of Defense and (2) robotic device developers, manufacturers
or producers who operate robotic devices or uncrewed aircraft equipped
or mounted with a weapon for the sole purpose of developing or testing
technology intended to detect, prevent, and/or mitigate the unauthorized
weaponization of a robotic device or uncrewed aircraft.

396-eeee(7): States that it is not a violation of this section for a
government official acting within the public performance of their duties
to operate such prohibited devices for the purpose of the disposal of
explosives or for the destruction of property in cases where there is an
imminent, deadly threat to human life.

396-eeee(8): Requires that law enforcement obtain a warrant or other
legally required judicial authorization prior to deploying a robotic
device onto private property in any situation in which a warrant would
be required if entry would have been made by a human officer or prior to
deploying a robotic device to conduct surveillance or tracking where
judicial authorization would be required if such surveillance or track-
ing were conducted by a human officer or other technology.

396-eeee(9): States that any information regarding the use of a robotic
device by law enforcement shall be subject to release pursuant to arti-
cle six of the public officers law.

396-eeee(10): Permits the attorney general to bring an action to remedy
a violation of this section.
396-eeee(11): Permits any individual harmed by a violation of this
section to bring an action against the person who violated this section.

396-eeee(12): Requires that the attorney general promulgate rules and
regulations necessary to implement the provisions of this section.

 
JUSTIFICATION:

Advanced mobile robots have become enormously beneficial to workers in
many industries across the state and around the world, including energy,
conservation, entertainment, construction, manufacturing, and public
safety. These technologies keep people safe and help them do their jobs
more efficiently.

However, as these robots have become increasingly accessible to every-
one, there have been examples of people mounting dangerous weapons to
them, often with the goal of creating a sensational, viral social media
video. These videos have generated widespread fear and condemnation in
the press, academia, the robotics industry, and among online communi-
ties. Mounting weapons to robots or drones that are remotely or autono-
mously operated, widely available to the public, and capable of navigat-
ing within locations where people live and work, raises new risks of
harm and serious ethical issues. The development and use of such weapon-
ized robots will also harm public trust in the technology in ways that
damage the tremendous benefits they will bring to society.

Legislation on this issue is necessary in order to protect the public
from new risks of harm, to keep our communities safe, and to avoid
losing the benefits of these technologies that will arise from social
rejection if their misuse is not addressed.

This legislation prohibits the manufacture, sale, transfer, or operation
of a robotic device or drone that is equipped with a weapon, with
exceptions for operations that are in the public interest and not at
issue, such as bomb disposal activities conducted by government offi-
cials.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

N/A

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become 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.

2023-S9439 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9439
 
                             I N  S E N A T E
 
                               May 15, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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  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.

                                                            LBD15215-01-4
 S. 9439                             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.
 S. 9439                             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.

2023-S9439A (ACTIVE) - Details

See Assembly Version of this Bill:: A10374
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-eeee, Gen Bus L

2023-S9439A (ACTIVE) - Summary

Prohibits the manufacture, modification, sale, transfer, equipping, use, or operation of a robotic device or an uncrewed aircraft equipped or mounted with a weapon within the state.

2023-S9439A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9439A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
robots and uncrewed aircraft equipped or mounted with weapons

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits robots and uncrewed aircraft equipped or mounted with weapons.

 
SUMMARY OF PROVISIONS:

396-eeee (1): Defines important terms

396-eeee (2): Makes it unlawful for any person 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.

396-eeee (3): Makes it unlawful to use a robotic device or uncrewed
aircraft to commit the crime of menacing or criminally harass another

person.

396-eeee (4): Makes it unlawful for any person to use a robotic device
or uncrewed aircraft to physically restrain or attempt to physically
restrain another.

396-eeee (5): Sets a penalty of not less than $25,000 and not more than
$100,000 for violating subdivisions two, three, or four of this section.

396-eeee (6): Exempts from the prohibitions of this section (1) defense
industrial companies within the scope of their contract with the U.S.
Department of Defense and (2) robotic device developers, manufacturers
or producers who operate robotic devices or uncrewed aircraft equipped
or mounted with a weapon for the sole purpose of developing or testing
technology intended to detect, prevent, and/or mitigate the unauthorized
weaponization of a robotic device or uncrewed aircraft.

396-eeee (7): States that it is not a violation of this section for a
government official acting within the public performance of their duties
to operate such prohibited devices for the purpose of the disposal of
explosives or for the destruction of property in cases where there is an
imminent, deadly threat to human life.

396-eeee(8): Requires that law enforcement obtain a warrant or other
legally required judicial authorization prior to deploying a robotic
device onto private property in any situation in which a warrant would
be required if entry would have been made by a human officer or prior to
deploying a robotic device to conduct surveillance or tracking where
judicial authorization would be required if such surveillance or track-
ing were conducted by a human officer or other technology.

396-eeee (9): States that any information regarding the use of a robotic
device by law enforcement shall be subject to release pursuant to arti-
cle six of the public officers law.

396-eeee (10): Permits the attorney general to bring an action to remedy
a violation of this section.
396-eeee (11): Permits any individual harmed by a violation of this
section to bring an action against the person who violated this section.

396-eeee (12): Requires that the attorney general promulgate rules and
regulations necessary to implement the provisions of this section.

 
JUSTIFICATION:

Advanced mobile robots have become enormously beneficial to workers in
many industries across the state and around the world, including energy,
conservation, entertainment, construction, manufacturing, and public
safety. These technologies keep people safe and help them do their jobs
more efficiently.

However, as these robots have become increasingly accessible to every-
one, there have been examples of people mounting dangerous weapons to
them, often with the goal of creating a sensational, viral social media
video. These videos have generated widespread fear and condemnation in
the press, academia, the robotics industry, and among online communi-
ties. Mounting weapons to robots or drones that are remotely or autono-
mously operated, widely available to the public, and capable of navigat-
ing within locations where people live and work, raises new risks of
harm and serious ethical issues. The development and use of such weapon-
ized robots will also harm public trust in the technology in ways that
damage the tremendous benefits they will bring to society.

Legislation on this issue is necessary in order to protect the public
from new risks of harm, to keep our communities safe, and to avoid
losing the benefits of these technologies that will arise from social
rejection if their misuse is not addressed.

This legislation prohibits the manufacture, sale, transfer, or operation
of a robotic device or drone that is equipped with a weapon, with
exceptions for operations that are in the public interest and not at
issue, such as bomb disposal activities conducted by government offi-
cials.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

N/A

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become 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.

2023-S9439A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9439--A
 
                             I N  S E N A T E
 
                               May 15, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15215-03-4
 S. 9439--A                          2
 
   (F) "DISRUPTER TECHNOLOGY" MEANS A CLASS OF DEVICES DESIGNED TO ASSIST
 IN THE DISPOSAL OF EXPLOSIVES OR SUSPECTED EXPLOSIVES.
   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.
 S. 9439--A                          3
 
   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.
   (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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S9439A

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2023-S9439 - Details

2023-S9439 - Summary

2023-S9439 - Sponsor Memo

2023-S9439 - Bill Text download pdf

2023-S9439A (ACTIVE) - Details

2023-S9439A (ACTIVE) - Summary

2023-S9439A (ACTIVE) - Sponsor Memo

2023-S9439A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9439A

Share this bill

Sponsored By

Jeremy A. Cooney

Current Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2023-S9439 - Details

2023-S9439 - Summary

2023-S9439 - Sponsor Memo

2023-S9439 - Bill Text download pdf

2023-S9439A (ACTIVE) - Details

2023-S9439A (ACTIVE) - Summary

2023-S9439A (ACTIVE) - Sponsor Memo

2023-S9439A (ACTIVE) - Bill Text download pdf

Comments