BILL NUMBER: S3097

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting the use of
robots by police agencies

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 937-w to the executive law,
prohibiting the use of robotic devices by police agencies, where such
devices are equipped with weapons or used for surveillance purposes.

Section two provides that this act shall take effect immediately.

 
JUSTIFICATION:

In April 2021, the NYPD was spotted deploying a robotic dog at a NYCHA
public housing building on East 28th Street in New York City.  Residents
reported being scared and intimidated by the "surreal" robotic device,
and have compared the scene to that of a dystopian movie.
              

The use of military devices, such as ground drones and robotic weapons,
by police forces undermines trust, increases conflict, and imposes
significant monetary costs. The robotic dog that was recently deployed
by the NYPD in a NYCHA public housing building is produced by Boston
Dynamics, a company that produces robotic dogs with names like "Alpha-
Dog" and "BigDog" for the United States military. The type of robotic
dog that was recently deployed by the NYPD is likewise described by
Boston Dynamics on its public-facing website as having "potential mili-
tary uses." It comes equipped with automated sensors, lights, and
cameras capable of collecting "limitless data," and is sold at a start-
ing price of $74,000. Many residents of New York State, particularly in
poorer communities, view the use of such devices as an intrusion into
their privacy, and as representing a military posture by the police with
respect to their communities.

Legislation on this issue is necessary, in order to prevent the waste of
resources, and to keep our communities safe. The threat of police mili-
tarization is very real, particularly under current law. Since the
enactment of the National Defense Authorization Act of 1990, local and
state law enforcement agencies throughout the United States have
received more than $5.4 billion worth of military-grade weapons.  These
agencies have received these weapons, vehicles and technology through a
program known as the 1033 Federal Excess Property Program, which allows
the United States Department of Defense to transfer excess weaponry to
local and state law enforcement agencies for the ostensible purpose of
keeping communities safe. In recent years, however, as protesters have
rallied against the unjust killings of unarmed people of color, we have
seen local law enforcement agencies use these weapons as a means to
suppress non-violent protest. This was evident during the protests
following the 2014 killing and verdict in the Michael Brown case, where
the Ferguson Police Department and other law agencies used tanks and
other military grade weapons to enforce curfews and break up nonviolent
protests. In recent years, the Dallas Police Department has even
deployed an explosive-laden robot to kill a suspect in one notable inci-
dent.

The threat posed by robotic devices is not just limited to weaponized
devices. The device that the NYPD recently deployed is described by its
manufacturer at Boston Dynamics as being able to "capture limitless
data" and "explore without boundaries." In this case, boundaries are
very necessary, particularly in light of the NYPD's past history of
engaging in improper surveillance (including surveillance that included
religious biases), leading to substantial lawsuits and settlements.
Simply put, police agencies within New York State cannot be trusted to
deploy robotic surveillance equipment.

This legislation prohibits the use of robotic devices by police agencies
when such devices are equipped with weapons, are used in a manner that
can cause potential injury, or are used for surveillance purposes.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S6418

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.   
EFFECTIVE DATE:
This act shall take effect immediately.