Amended  IN  Senate  July 01, 2024
Amended  IN  Senate  June 13, 2024
Amended  IN  Assembly  April 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2681

Introduced by Assembly Member Weber

February 14, 2024

An act to add Section 18722 to the Penal Code, relating to weapons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2681, as amended, Weber. Weapons: robotic devices.
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.
This bill would prohibit a person from knowingly manufacturing, modifying, selling, transferring, or operating a robotic device, as defined, that is equipped or mounted with a weapon, as specified. The bill would make a violation punishable by a fine of at least $100 but not more than $2,000. The bill would exclude certain entities from these provisions, including, among other entities, a defense industrial company, as defined, with respect to robotic devices that are within the scope of a contract the company has or is seeking with the United States Department of Defense, or a person building a robot for participation in a bonafide robot competition, as described. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


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) “Defense industrial company” means a company that has or is demonstrably seeking 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.
(2) “Robotic device,” means a mechanical device capable of locomotion, navigation, flight, or movement and that operates at a distance from its operator or supervisor based on commands or in response to sensor data, or a combination of those, including mobile robots, unmanned ground vehicles, and unmanned aircraft.
(3) “Weapon” means a device designed to threaten or cause death, incapacitation, or physical injury to a person, including, but not limited to, stun guns, firearms, machine guns, chemical agents or irritants, kinetic impact projectiles, weaponized lasers, flamethrowers, and explosive devices.
(b) It shall be unlawful for a person to manufacture, modify, sell, transfer, or operate a robotic device equipped or mounted with a weapon.
(c) A violation of this section is an infraction punishable by a fine of at least one hundred dollars ($100) but not more than two thousand dollars ($2,000).
(d) This section shall not apply to any of the following:
(1) A defense industrial company with respect to either of the following:
(A) Robotic devices developed within the scope of an existing contract with the United States Department of Defense.
(B) Robotic devices developed for the sole purpose of obtaining a contract with the United States Department of Defense, if the company has received a federal registration number with the federal System for Award Management, or similar registration under any successor federal system.
(2) A robotic device developer, manufacturer, or producer who modifies or operates a robotic device equipped or mounted with a weapon for the sole purpose of developing or testing technology that is intended to detect, prevent, or mitigate the unauthorized weaponization of a robotic device.
(3) The United States Department of Defense, and any of its departments, agencies, or units.
(4) (A) A nonautonomous robotic device designed and built specifically for the purpose of participating in a robot competition and equipped with weapons typically used for that purpose.
(B) For the purposes of this paragraph, “robot competition” means an event organized and supervised by an educational institution, sports league, television or film entertainment company, or similar organization, and as to which reasonable safety precautions have been taken to protect participants, event staff, and spectators.
(C) This paragraph does not allow the equipping or mounting of any firearm to a robotic device.
(e) It shall not be a violation of this act for government officials, acting in the public performance of their duties, to operate a robotic device equipped or mounted with a weapon 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.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.