Bill Text: CA AB79 | 2023-2024 | Regular Session | Amended
Bill Title: Weapons: robotic devices and unmanned aircrafts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2023-05-23 - From committee: Without further action pursuant to Joint Rule 62(a). [AB79 Detail]
Download: California-2023-AB79-Amended.html
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Amended
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April 19, 2023 |
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Amended
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April 12, 2023 |
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Amended
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March 09, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 79
| Introduced by Assembly Member Weber |
December 15, 2022 |
An act to add Section 18722 to the Penal Code, relating to crimes. weapons.
LEGISLATIVE COUNSEL'S DIGEST
AB 79, as amended, Weber.
Crimes: Remotely operated vehicles. Weapons: robotic devices and unmanned aircrafts.
Existing law makes it a crime to possess a destructive device. Existing law makes it a felony to possess material with the intent to make a destructive device or explosive without obtaining a permit to do so.
The bill would make it a misdemeanor for a person to manufacture or modify an unmanned vehicle, as defined, to be capable of inflicting deadly force upon a person. By creating a new crime, this bill would impose a state-mandated local program.
This bill would prohibit a person from knowingly manufacturing, modifying, selling, transferring, or operating a robotic device or unmanned aircraft
that is equipped or mounted with a weapon, as specified. The bill would make a violation punishable by a fine of at least $1,000 but not more than $5,000. The bill would authorize the Attorney General to bring an action to remedy a violation. The bill would exclude certain entities from these provisions including, among other entities, a defense industrial company that obtains a permit from the Department of Justice, as specified. By creating a new infraction, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)For the purposes of this section, the following terms have the following meanings:
(1)“Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
(2)“Unmanned ground vehicle” means a vehicle that operates while in contact with the ground that is operated without the possibility of direct human intervention from within or on the vehicle.
(b)A person who manufactures or modifies an unmanned aircraft or an unmanned ground vehicle to be capable of inflicting deadly force upon a person is guilty of a
misdemeanor.
SECTION 1.
Section 18722 is added to the Penal Code, to read:18722.
(a) For the purposes of this section, the following terms have the following meanings:(1) “Robotic device” means a mechanical device capable of locomotion, navigation, or movement on the ground that operates at a distance from its operator or supervisor based on commands or in response to sensor data, or a combination thereof.
(2) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
(3) “Weapon” means a device designed to cause or capable of causing death, incapacitation, or physical injury to a person, including, but not
limited to, stun guns, firearms, and explosive devices.
(b) It is unlawful for a person to knowingly manufacture, modify, sell, transfer, or operate a robotic device or unmanned aircraft that is equipped or mounted with a weapon.
(c) A violation of this section is punishable by a fine of at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000). This fine shall be imposed in addition to any other penalty imposed pursuant to law.
(d) The Attorney General may bring an action to remedy a violation of this section.
(e) This section shall not apply to any of the following:
(1) A defense industrial company under contract with the United States Department of Defense
with respect to a robotic device or unmanned aircraft being developed or produced pursuant to that contract.
(2) A defense industrial company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for a robotic device or unmanned aircraft.
(3) A robotics company that obtains a permit from the Department of Justice, upon proof that good cause exists for issuance of the permit to the applicant, for the purpose of testing antiweaponization technologies using a robotic device or unmanned aircraft.
(4) A law enforcement agency that has approval from their governing elected body.
