The bill amends Chapter 9-1 of the General Laws by introducing a new section, 9-1-55, which establishes liability for injuries caused by artificial intelligence (AI). It defines key terms related to AI, including "artificial intelligence," "covered model," "covered model derivative," "developer," and "fine-tuning." The bill stipulates that developers of covered models or derivatives will be strictly liable for injuries to non-users, provided that the injuries are caused by the AI's conduct that would be considered negligent or criminal if performed by a human. This liability is subject to certain conditions, including that the conduct was neither intended nor could have been reasonably anticipated by the user or any intermediary involved in modifying the model.
Additionally, the bill outlines a rebuttable presumption regarding the mental state of the AI in tort cases, allowing for the assumption that the AI acted with the relevant mental state if a human would have done so under similar circumstances. It also provides affirmative defenses for developers, allowing them to argue that they met the standard of care applicable to humans or that the injuries resulted from a capabilities failure of the AI. The act is set to take effect upon passage, creating a civil cause of action for individuals injured by AI.