Bill Text: NY A08236 | 2013-2014 | General Assembly | Amended

---

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: Partisan Bill (Democrat 6-0)

Status: (Passed) 2014-07-22 - signed chap.98 [A08236 Detail]

Download: New_York-2013-A08236-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8236--C
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   November 6, 2013
                                      ___________
       Introduced  by  M. of A. OTIS, LENTOL, BRAUNSTEIN, McDONALD -- read once
         and referred to the Committee on Codes -- recommitted to the Committee
         on Codes in accordance with Assembly  Rule  3,  sec.  2  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said committee -- reported and
         referred to the Committee on Rules -- Rules Committee discharged, bill
         amended, ordered reprinted as amended and recommitted to the Committee
         on Rules
       AN ACT to amend the penal law, in relation to  prohibiting  directing  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 two new sections  240.76
    2  and 240.77 to read as follows:
    3  S 240.76 DIRECTING A LASER AT AN AIRCRAFT IN THE SECOND DEGREE.
    4    A  PERSON  IS GUILTY OF DIRECTING A LASER AT AN AIRCRAFT IN THE SECOND
    5  DEGREE WHEN, WITH INTENT TO DISRUPT SAFE AIR TRAVEL, HE OR  SHE  DIRECTS
    6  THE BEAM OF A LASER:
    7    1.  ONTO A SPECIFIC AIRCRAFT INTENDING TO THEREBY DISRUPT OR INTERFERE
    8  WITH  SUCH  AIRCRAFT  IN THE SPECIAL AIRCRAFT JURISDICTION OF THE UNITED
    9  STATES; OR
   10    2. IN THE IMMEDIATE VICINITY OF AN AIRCRAFT IN  THE  SPECIAL  AIRCRAFT
   11  JURISDICTION OF THE UNITED STATES, AND:
   12    (A)  THE CALCULATED OR MEASURED BEAM IRRADIANCE ON THE AIRCRAFT, OR IN
   13  THE IMMEDIATE VICINITY OF THE AIRCRAFT, EXCEEDS LIMITS SET  BY  THE  FAA
   14  FOR THE FAA-SPECIFIED LASER FLIGHT ZONE (NORMAL, SENSITIVE, CRITICAL, OR
   15  LASER-FREE) WHERE THE AIRCRAFT WAS LOCATED; AND (B) A PILOT IN THE ILLU-
   16  MINATED AIRCRAFT FILES A LASER INCIDENT REPORT WITH THE FAA.
   17    3. AS USED IN THIS SECTION:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06065-12-4
       A. 8236--C                          2
    1    (A) THE TERM "LASER" SHALL MEAN ANY DEVICE DESIGNED OR USED TO AMPLIFY
    2  ELECTROMAGNETIC RADIATION BY STIMULATED EMISSION THAT EMITS A BEAM; AND
    3    (B) THE TERM "FAA" SHALL MEAN THE FEDERAL AVIATION ADMINISTRATION.
    4    4.  THIS  SECTION  DOES  NOT  PROHIBIT  DIRECTING  A  LASER BEAM AT AN
    5  AIRCRAFT, OR IN THE IMMEDIATE VICINITY OF AN AIRCRAFT, BY:
    6    (A) AN AUTHORIZED INDIVIDUAL IN THE CONDUCT OF RESEARCH  AND  DEVELOP-
    7  MENT  OR  FLIGHT  TEST OPERATIONS CONDUCTED BY AN AIRCRAFT MANUFACTURER,
    8  THE FAA, OR ANY OTHER PERSON AUTHORIZED  BY  THE  FAA  TO  CONDUCT  SUCH
    9  RESEARCH AND DEVELOPMENT OR FLIGHT TEST OPERATIONS; OR
   10    (B)  MEMBERS OR ELEMENTS OF THE UNITED STATES DEPARTMENT OF DEFENSE OR
   11  THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ACTING IN AN  OFFICIAL
   12  CAPACITY  FOR  THE PURPOSE OF RESEARCH, DEVELOPMENT, OPERATIONS, TESTING
   13  OR TRAINING; OR
   14    (C) AN INDIVIDUAL IN AN EMERGENCY SITUATION USING A LASER  TO  ATTRACT
   15  THE ATTENTION OF AN AIRCRAFT FOR BONA FIDE RESCUE PURPOSES; OR
   16    (D)  AN  INDIVIDUAL  WHOSE LASER OPERATIONS HAVE BEEN SUBMITTED TO AND
   17  REVIEWED BY THE FAA, WHEN:
   18    (I) THE FAA HAS ISSUED A LETTER NOT OBJECTING TO THE LASER USE; AND
   19    (II) THE LASER IS OPERATED IN CONFORMITY WITH THE FAA SUBMISSION.
   20    DIRECTING A LASER AT AN AIRCRAFT IS A CLASS A MISDEMEANOR.
   21  S 240.77 DIRECTING A LASER AT AN AIRCRAFT IN THE FIRST DEGREE.
   22    A PERSON IS GUILTY OF DIRECTING A LASER AT AN AIRCRAFT  IN  THE  FIRST
   23  DEGREE  WHEN  HE  OR  SHE  COMMITS  THE CRIME OF DIRECTING A LASER AT AN
   24  AIRCRAFT IN THE SECOND DEGREE IN VIOLATION OF  SECTION  240.76  OF  THIS
   25  ARTICLE AND THEREBY CAUSES A SIGNIFICANT CHANGE OF COURSE OR OTHER SERI-
   26  OUS  DISRUPTION  TO  THE  SAFE  TRAVEL OF AN AIRCRAFT THAT THREATENS THE
   27  PHYSICAL SAFETY OF THE AIRCRAFT'S PASSENGERS OR CREW.
   28    DIRECTING A LASER AT AN AIRCRAFT IN THE FIRST  DEGREE  IS  A  CLASS  E
   29  FELONY.
   30    S 2. This act shall take effect on the first of November next succeed-
   31  ing the date on which it shall have become a law.