STATE OF NEW YORK
        ________________________________________________________________________

                                         9439--A

                    IN SENATE

                                      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:

     1    Section 1. The general business law is amended by adding a new section
     2  396-eeee to read as follows:
     3    § 396-eeee. Robots and uncrewed  aircraft  equipped  or  mounted  with
     4  weapons  prohibited.  1.  As  used  in this section, the following terms
     5  shall have the following meanings:
     6    (a) "Robotic device" means a mechanical device capable of  locomotion,
     7  navigation,  or  movement  on the ground and that operates at a distance
     8  from its operator or supervisor, based on commands  or  in  response  to
     9  sensor data, artificial intelligence, or a combination thereof.
    10    (b) "Uncrewed aircraft" means an aircraft that is operated without the
    11  possibility of direct human intervention from within or on the aircraft.
    12    (c)  "Weapon"  means  any  device designed to threaten or cause death,
    13  incapacitation, or physical injury to  any  person,  including  but  not
    14  limited  to  stun guns, firearms, machine guns, chemical agents or irri-
    15  tants, kinetic impact projectiles, weaponized lasers, flamethrowers  and
    16  explosive devices.
    17    (d)  "Law  enforcement"  means  a  lawfully established state or local
    18  public agency that is responsible for the prevention  and  detection  of
    19  crime,  the enforcement of local government codes and the enforcement of
    20  penal, traffic,  regulatory,  game  or  controlled  substance  laws  and
    21  includes an agent of the law enforcement agency.
    22    (e)  "Defense  industrial company" means a company that has a contract
    23  with the United States department of  defense  to  design,  manufacture,
    24  develop,  modify, upgrade, or produce a robotic device, and includes any
    25  employees or agents authorized by that  defense  industrial  company  to
    26  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

     1    (f) "Disrupter technology" means a class of devices designed to assist
     2  in the disposal of explosives or suspected explosives.
     3    2.  It  shall  be unlawful for any person, whether or not acting under
     4  color of law, to manufacture, modify, sell,  transfer,  equip,  use,  or
     5  operate  a  robotic  device  or an uncrewed aircraft equipped or mounted
     6  with a weapon within the state.
     7    3. It shall be unlawful for any person, whether or  not  acting  under
     8  color of law, to use a robotic device or uncrewed aircraft to:
     9    (a)  commit  the  crime  of  menacing defined in section 120.15 of the
    10  penal law, or
    11    (b) criminally harass another person in violation of  section  240.25,
    12  240.26, 240.30, 240.31, or 240.32 of the penal law.
    13    4.  It  shall  be unlawful for any person, whether or not acting under
    14  color of law, to use a robotic device or uncrewed aircraft to physically
    15  restrain or to attempt to physically restrain a human being  within  the
    16  state.
    17    5.  Any  person  who  knowingly violates the provisions of subdivision
    18  two, three or four of this section shall be liable for a  civil  penalty
    19  of not less than twenty-five thousand nor more than one hundred thousand
    20  dollars.  Such  fine  shall  be imposed in addition to any other penalty
    21  prescribed by law.
    22    6. The provisions of this section shall not apply to:
    23    (a) a defense industrial company with respect to robotic  devices  and
    24  uncrewed  aircraft  that  are  within the scope of its contract with the
    25  United States department of defense; or
    26    (b) a robotic device developer, manufacturer or producer who  modifies
    27  or  operates  a  robotic device or uncrewed aircraft equipped or mounted
    28  with a weapon for the sole purpose of developing or  testing  technology
    29  that  is  intended  to  detect, prevent and/or mitigate the unauthorized
    30  weaponization of a robotic device or uncrewed aircraft.
    31    7. It shall not be a violation of this section  for  government  offi-
    32  cials  acting  in  the  public  performance of their duties to operate a
    33  robotic device or uncrewed aircraft equipped or mounted with  a  weapon,
    34  explosive  device, or disrupter technology, when used for the purpose of
    35  the disposal of explosives or  suspected  explosives,  for  development,
    36  evaluation,  testing,  education or training relating to the use of such
    37  technologies for the purpose of disposing  of  explosives  or  suspected
    38  explosives,  or  for the destruction of property in cases where there is
    39  an imminent, deadly threat to human life.
    40    8. Law enforcement shall be required to obtain  a  warrant,  or  other
    41  legally required judicial authorization, prior to:
    42    (a)  deploying a robotic device onto private property in any situation
    43  in which a warrant would be required if the  entry  onto  that  property
    44  were made by a human officer; or
    45    (b)  deploying  a  robotic  device to conduct surveillance or location
    46  tracking in any situation in which a warrant or other  legally  required
    47  judicial  authorization would be required if such surveillance or track-
    48  ing were conducted by a human officer or other technology.
    49    9. Any information regarding the  use  of  a  robotic  device  by  law
    50  enforcement  shall  be subject to release pursuant to article six of the
    51  public officers law, with such information to be made available  to  the
    52  public on request, pursuant to the provisions thereof.
    53    10.  The attorney general may bring an action to remedy a violation of
    54  this section.

        S. 9439--A                          3

     1    11. (a) Any individual alleging that a violation of this section or  a
     2  regulation promulgated under this section caused them injury or harm may
     3  bring a civil action in any court of competent jurisdiction.
     4    (b)  A  civil  action  brought  pursuant  to this subdivision shall be
     5  directed to the agency alleged to have committed the  violation  or,  in
     6  the  case  of an individual, to the person alleged to have committed the
     7  violation.
     8    (c) In a civil action in which the plaintiff prevails, the  court  may
     9  award:
    10    (i)  liquidated damages of not less than five hundred dollars nor more
    11  than two thousand dollars;
    12    (ii) punitive damages; and
    13    (iii) any other relief, including but not limited  to  an  injunction,
    14  that the court deems to be appropriate.
    15    (d)  In  addition to any relief awarded pursuant to the previous para-
    16  graph, the court shall award reasonable attorney's fees and costs to any
    17  prevailing plaintiff.
    18    12. The attorney general shall promulgate any  rules  and  regulations
    19  necessary to implement the provisions of this section.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law. Effective immediately, the addition, amendment and/or
    22  repeal of any rule or regulation necessary  for  the  implementation  of
    23  this  act  on its effective date are authorized to be made and completed
    24  on or before such effective date.