Pennsylvania SB 1090: An Act providing for disclosures and safeguards relating to the use of artificial intelligence; and imposing duties on the Attorney General.

Bill Text

PRIOR PRINTER'S NO. 1311 PRINTER'S NO. 1423
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1090
Session of
2025
INTRODUCED BY PENNYCUICK, MILLER, ARGALL, VOGEL, COSTA,
LANGERHOLC, MARTIN, HAYWOOD, GEBHARD, J. WARD, BAKER,
ROBINSON, STEFANO, CAPPELLETTI, FARRY, PISCIOTTANO, KANE AND
BROOKS, NOVEMBER 14, 2025
AS AMENDED ON SECOND CONSIDERATION, FEBRUARY 3, 2026
AN ACT
Providing for disclosures and safeguards relating to the use of
artificial intelligence; and imposing duties on the Attorney
General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Safeguarding
Adolescents from Exploitative Chatbots and Harmful AI Technology
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"AI companion." As follows:
(1) A system using artificial intelligence, generative
artificial intelligence or emotional recognition algorithms
designed to simulate a sustained human or human-like
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relationship with a user by:
(i) Retaining information on prior interactions or
user sessions and user preferences to personalize the
interaction and facilitate ongoing engagement.
(ii) Asking unprompted or unsolicited emotion-based
questions that go beyond a direct response to a user
prompt.
(iii) Sustaining an ongoing dialogue concerning
matters personal to the user.
(2) The term does not include:
(i) A system used by a business entity solely for
customer service or to strictly provide users with
information about available commercial services or
products provided by the business entity, customer
service account information or other information strictly
related to the business entity's customer service.
(ii) A system that is primarily designed and
marketed for providing efficiency improvements, research
or technical assistance.
(iii) A system used by a business entity solely for
internal purposes or employee productivity.
(iv) A bot that is a feature of a video game and is
limited to replies related to the video game that cannot
discuss topics related to mental health, self-harm or
sexually explicit conduct or maintain a dialogue on other
topics unrelated to the video game.
(v) A stand-alone consumer electronic device that
functions as a speaker and voice command interface, acts
as a voice-activated virtual assistant and does not
sustain a relationship across multiple interactions or
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generate outputs that are likely to elicit emotional
responses in the user.
"AI companion platform." A platform that allows a user to
engage with AI companions.
"Artificial intelligence" or "AI." All of the following:
(1) A machine-based system that can, for a given set of
human-defined objectives, make predictions, recommendations
or decisions influencing real or virtual environments,
including the ability to:
(i) perceive real and virtual environments;
(ii) abstract perceptions made under this paragraph
into models through analysis in an automated manner; and
(iii) use model inference to formulate options for
information or action based on outcomes under
subparagraphs (i) and (ii).
(2) The term includes generative artificial
intelligence.
"Artificial intelligence model." A component of an
information system that implements artificial intelligence
technology and uses computational, statistical or machine-
learning techniques to produce outputs from a given set of
inputs.
"Generative artificial intelligence." The class of models
that emulate the structure and characteristics of input data in
order to generate derived synthetic content, including
information such as images, videos, audio clips or text, that
has been significantly modified or generated by algorithms,
including by artificial intelligence.
"Human or human-like relationship." Intimate, romantic or
platonic interactions or companionship.
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"Minor." An individual in this Commonwealth under 18 years
of age.
"Operator." A person or business that makes an AI companion
platform available to a user in this Commonwealth.
"Sexually explicit conduct." As defined in 18 U.S.C. § 2256
(relating to definitions for chapter).
Section 3. Required disclosures and safeguards.
(a) Disclosure of nonhuman status.--If a reasonable person
interacting with an AI companion would be misled to believe the
person is interacting with a human, an operator shall issue a
clear and conspicuous notification indicating that the AI
companion is artificially generated and not human.
(b) Suicide and self-harm safeguards.--
(1) An operator shall maintain and implement a protocol,
to the extent technologically feasible, to prevent an AI
companion on its p