Bill Text: HI HB2189 | 2016 | Regular Session | Introduced


Bill Title: Laser Devices; Offenses; Aircraft

Spectrum: Strong Partisan Bill (Democrat 26-2)

Status: (Introduced - Dead) 2016-01-27 - Referred to TRN, JUD, referral sheet 3 [HB2189 Detail]

Download: Hawaii-2016-HB2189-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2189

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to laser devices.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the Hawaii penal code does not adequately address recent incidents in which aircraft have become targets of green laser lights while flying or landing safely at an airport.  These dangerous incidents may cause bodily injury to the pilot and the passengers on board, and may also result in delays in flight schedules.

     Although pointing a laser at an aircraft is not yet a pervasive problem in Hawaii, it is a problem across the country, and there has been an increase in such incidents in Hawaii.  During the last ten years, 21,500 laser-related aircraft incidents were reported by pilots to the Federal Aviation Administration.

     The purpose of this Act is to prohibit the intentional projection of a beam of light from a laser or laser scope at an aircraft or at the flight path of an aircraft.

     SECTION 2.  Section 134-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Aircraft" means any vehicle that is designed for flight in the air by buoyancy or by the dynamic action of air on the vehicle's surface, including powered airplanes, gliders, and helicopters.

"Laser" means any device that produces over five milliwatts of energy and is designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object, or any device that emits light that simulates the appearance of a laser.

"Laser scope" means a portable battery-powered device producing over five milliwatts of energy and capable of being attached to a firearm and capable of projecting a laser light on objects at a distance."

     SECTION 3.  Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§134-    Laser or laser scope; prohibitions; penalties.  (a)  Whoever intentionally or knowingly directs a beam of light from a laser or laser scope at an occupied aircraft shall be guilty of a misdemeanor.

(b)  Whoever intentionally or knowingly directs a beam of light from a laser or laser scope at the flight path of an aircraft and the act renders the pilot unable to safely operate the aircraft or causes injury to the pilot, the crew, or the passengers on board, shall be guilty of a class C felony.

(c)  Subsections (a) and (b) shall not apply to activities carried on for the United States Department of Defense, United States Department of Homeland Security, or police officers acting in their official capacity for research governed by standards of accepted development, operations, testing, or training."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.
     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Laser Devices; Offenses; Aircraft

 

Description:

Prohibits the intentional projection of a beam of light from a laser or laser scope at an aircraft or at the flight path of an aircraft.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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