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 introduced, Weber. 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.
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 $5,000 but not more than $25,000. The bill would exclude certain entities from these provisions including, among other entities, a defense industrial company that obtains a waiver 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.
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) “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, or a combination of those.
(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 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, and explosive devices.
(b) It shall be unlawful for a person to manufacture, modify, sell, transfer, or operate a robotic device or unmanned aircraft equipped or mounted with a weapon.
(c) A person who knowingly violates this section shall be required to pay a fine of at least five thousand dollars ($5,000) but not more than twenty-five thousand dollars ($25,000). This fine shall be imposed in addition to any other penalty imposed pursuant to any other laws.
(d) 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 robotic devices and unmanned aircraft being developed or produced under that contract.
(2) A defense industrial company that obtains a waiver from the Attorney General for robotic devices or unmanned aircraft that are covered by the waiver.
(3) A robotics company that obtains a waiver from the Attorney General for the purpose of testing anti-weaponization technologies using robotic devices or unmanned aircraft that are covered by the waiver.
(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 or unmanned aircraft 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.