Bill Text: MI HB4063 | 2017-2018 | 99th Legislature | Chaptered


Bill Title: Crimes; other; aiming a beam of directed energy from a directed energy device at or into path of aircraft or moving train; prohibit and provide penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-05-11 - Assigned Pa 29'17 With Immediate Effect [HB4063 Detail]

Download: Michigan-2017-HB4063-Chaptered.html

Act No. 29

Public Acts of 2017

Approved by the Governor

May 8, 2017

Filed with the Secretary of State

May 9, 2017

EFFECTIVE DATE: August 7, 2017

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2017

Introduced by Reps. Cox and Barrett

ENROLLED HOUSE BILL No. 4063

AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 43a.

The People of the State of Michigan enact:

Sec. 43a. (1) A person shall not intentionally aim a beam of directed energy emitted from a directed energy device at an aircraft or into the path of an aircraft or a moving train.

(2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

(3) This section does not apply to any of the following:

(a) An authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct research and development or flight test operations.

(b) Members of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.

(c) A person using a laser emergency signaling device to send an emergency distress signal.

(4) As used in this section, “directed energy device” means any device that emits highly focused energy and is capable of transferring that energy to a target to damage or interfere with its operation. The energy from a directed energy device includes, but is not limited to, the following forms of energy:

(a) Electromagnetic radiation, including radio frequency, microwave, lasers, and masers.

(b) Particles with mass, in particle-beam weapons and devices.

(c) Sound, in sonic weapons and devices.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 4064 of the 99th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor