HB 1599-FN - AS INTRODUCED
2024 SESSION
24-2317
09/08
HOUSE BILL 1599-FN
AN ACT relative to the use of artificial intelligence for personal defense.
SPONSORS: Rep. Santonastaso, Ches. 18
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill affirms that, under the second amendment to the United States Constitution, a person may use autonomous artificial intelligence for defense purposes, subject to specified limitations.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2317
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the use of artificial intelligence for personal defense.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act may be cited to and known as the "Affirmation of Artificial Intelligence for Personal Defense Act".
2 Purpose. The second amendment to the United States Constitution already protects an individual's right to keep and bear arms, inclusive of modern technological advancements. Technology already exists that allows for the development of autonomous artificial intelligence capable of making decisions in real-time for personal defense purposes. This act affirms that the right to use autonomous artificial intelligence for personal defense is consistent with and protected by the second amendment to the United States Constitution, provided that the artificial intelligence system would make the same decision as a reasonable person would make in the given circumstance.
3 New Paragraphs; Criminal Code; Justification; Definitions. Amend RSA 627:9 by inserting after paragraph I the following new paragraphs:
I-a. "Artificial intelligence" means technology that can perform tasks that typically require human intelligence.
I-b. "Autonomous artificial intelligence" means artificial intelligence that can operate and make decisions independently, without ongoing human intervention.
4 New Section; Criminal Code; Justification; Use of Artificial Intelligence. Amend RSA 627 by inserting after section 627:8-b the following new section:
627:8-c Use of Artificial Intelligence.
Consistent with the rights afforded by the second amendment to the United States Constitution, a person is justified in using autonomous artificial intelligence in any circumstance under which they would be justified by this chapter to use the level of force used by the autonomous artificial intelligence. The decision of an autonomous artificial intelligence is subject to the same standards as described in this chapter as if a natural person made the decision. If the decision of the autonomous artificial intelligence is deemed not justified under this chapter, justification shall not be available as a defense in any action or prosecution brought against the owner or employer of the artificial intelligence.
5 Effective Date. This act shall take effect January 1, 2025.
24-2317
Revised 12/21/23
HB 1599-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the use of artificial intelligence for personal defense.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable Increase | ||||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] No
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METHODOLOGY:
This bill affirms that, under the second amendment to the United States Constitution, a person
may use autonomous artificial intelligence for defense purposes, subject to specified limitations.
The Judicial Council makes the following assumptions about the fiscal impact of this bill:
The Department of Justice assumes this bill will result in more instances of force being deployed. The likely fiscal impact on the Department of Justice relates to an increase in the number of use-of-force reviews. These reviews are often resource-intense for Department's investigators and attorneys. The potential increase is unknown, but the need for additional resources would be in proportion with the degree of utilization of autonomous artificial intelligence devices capable of deploying force. The Department states that even a modest increase in the annual number of reviews would likely necessitate additional staff. Because the increase in use of force investigations is unknown the potential increase in expenditures cannot be determined. The Department indicates an additional Criminal Justice Investigator and Investigative Paralegal may be needed as a result of this bill. The estimated cost of these positions is $214,000 in FY2025, $211,000 in FY2026, and $219,000 in FY2027. The Department does not expect this bill would have an impact on state revenue.
The Judicial Branch states it is not possible to estimate how this change in law would impact the frequency and complexity of filings.
AGENCIES CONTACTED:
Department of Justice, Judicial Branch and Judicial Council
| Date | Body | Type |
|---|---|---|
| Jan. 12, 2024 | House | Hearing |
| Jan. 19, 2024 | House | Exec Session |
| Jan. 19, 2024 | House | Floor Vote |
Feb. 1, 2024: Inexpedient to Legislate: MA VV 02/01/2024 HJ 3 P. 5
Jan. 24, 2024: Committee Report: Inexpedient to Legislate 01/19/2024 (Vote 20-0; CC) HC 4 P. 5
Jan. 11, 2024: Executive Session: 01/19/2024 02:00 pm LOB 202-204
Jan. 5, 2024: Public Hearing: 01/12/2024 10:30 am LOB 202-204
Dec. 15, 2023: Introduced 01/03/2024 and referred to Criminal Justice and Public Safety HJ 1 P. 26