Bill Text: NY S07418 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 7418 (Prior Session Legislation)

Bill Title: Establishes the crimes of directing a laser at an aircraft in the second and first degree; makes such crimes a class A misdemeanor or a class E felony, respectively.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-19 - SUBSTITUTED BY A8236C [S07418 Detail]

Download: New_York-2013-S07418-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7418
                                   I N  S E N A T E
                                     May 14, 2014
                                      ___________
       Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to prohibiting aiming a laser
         at an aircraft
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 240.64 to
    2  read as follows:
    3  S 240.64 AIMING A LASER AT AN AIRCRAFT.
    4    A PERSON IS GUILTY OF AIMING A LASER AT AN AIRCRAFT  WHEN  HE  OR  SHE
    5  KNOWINGLY AIMS THE BEAM OF A LASER:
    6    1.  INTO  AIRSPACE  WITH THE INTENT TO TRACK, TARGET OR INTERFERE WITH
    7  AIRCRAFT IN THE SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES; OR
    8    2. AT AN AIRCRAFT, OR IN THE IMMEDIATE VICINITY OF AN AIRCRAFT, AND:
    9    (A) THE CALCULATED OR MEASURED BEAM IRRADIANCE ON THE AIRCRAFT, OR  IN
   10  THE  IMMEDIATE  VICINITY  OF THE AIRCRAFT, EXCEEDS LIMITS SET BY THE FAA
   11  FOR THE FAA-SPECIFIED LASER FLIGHT ZONE (NORMAL, SENSITIVE, CRITICAL, OR
   12  LASER-FREE) WHERE THE AIRCRAFT WAS LOCATED; AND (B) A PILOT IN THE ILLU-
   13  MINATED AIRCRAFT FILES A LASER INCIDENT REPORT WITH THE FAA.
   14    3. AS USED IN THIS SECTION,
   15    (A) THE TERM "LASER" SHALL MEAN ANY DEVICE DESIGNED OR USED TO AMPLIFY
   16  ELECTROMAGNETIC RADIATION BY STIMULATED EMISSION THAT EMITS A BEAM; AND
   17    (B) THE TERM "FAA" SHALL MEAN THE FEDERAL AVIATION ADMINISTRATION.
   18    4. THIS SECTION DOES NOT PROHIBIT AIMING A LASER BEAM AT AN  AIRCRAFT,
   19  OR IN THE IMMEDIATE VICINITY OF AN AIRCRAFT, BY:
   20    (A)  AN  AUTHORIZED INDIVIDUAL IN THE CONDUCT OF RESEARCH AND DEVELOP-
   21  MENT OR FLIGHT TEST OPERATIONS CONDUCTED BY  AN  AIRCRAFT  MANUFACTURER,
   22  THE  FAA,  OR  ANY  OTHER  PERSON  AUTHORIZED BY THE FAA TO CONDUCT SUCH
   23  RESEARCH AND DEVELOPMENT OR FLIGHT TEST OPERATIONS; OR
   24    (B) MEMBERS OR ELEMENTS OF THE UNITED STATES DEPARTMENT OF DEFENSE  OR
   25  THE  UNITED STATES DEPARTMENT OF HOMELAND SECURITY ACTING IN AN OFFICIAL
   26  CAPACITY FOR THE PURPOSE OF RESEARCH, DEVELOPMENT,  OPERATIONS,  TESTING
   27  OR TRAINING; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06065-01-3
       S. 7418                             2
    1    (C)  AN  INDIVIDUAL IN AN EMERGENCY SITUATION USING A LASER TO ATTRACT
    2  THE ATTENTION OF AN AIRCRAFT FOR BONA FIDE RESCUE PURPOSES; OR
    3    (D)  AN  INDIVIDUAL  WHOSE LASER OPERATIONS HAVE BEEN SUBMITTED TO AND
    4  REVIEWED BY THE FAA, WHEN:
    5    (I) THE FAA HAS ISSUED A LETTER NOT OBJECTING TO THE LASER USE; AND
    6    (II) THE LASER IS OPERATED IN CONFORMITY WITH THE FAA SUBMISSION.
    7    AIMING A LASER AT AN AIRCRAFT IS A CLASS E FELONY.
    8    S 2. This act shall take effect on the first of November next succeed-
    9  ing the date on which it shall have become a law.