Assembly Bill A399

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    399
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. VANEL, LUNSFORD -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01109-01-5
 A. 399                              2
 
 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.
   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.
 A. 399                              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.