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.
STATE OF NEW YORK
________________________________________________________________________
7418--A
Cal. No. 1303
IN SENATE
May 14, 2014
___________
Introduced by Sens. SANDERS, GRISANTI -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- commit-
tee discharged and said bill committed to the Committee on Rules --
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the penal law, in relation to the offense of 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 § 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:
18 (a) the term "laser" shall mean any device designed or used to amplify
19 electromagnetic radiation by stimulated emission that emits a beam; and
20 (b) the term "FAA" shall mean the Federal Aviation Administration.
21 4. This section does not prohibit directing a laser beam at an
22 aircraft, or in the immediate vicinity of an aircraft, by:
23 (a) an authorized individual in the conduct of research and develop-
24 ment or flight test operations conducted by an aircraft manufacturer,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06065-14-4
S. 7418--A 2
1 the FAA, or any other person authorized by the FAA to conduct such
2 research and development or flight test operations; or
3 (b) members or elements of the United States department of defense or
4 the United States department of homeland security acting in an official
5 capacity for the purpose of research, development, operations, testing
6 or training; or
7 (c) an individual in an emergency situation using a laser to attract
8 the attention of an aircraft for bona fide rescue purposes; or
9 (d) an individual whose laser operations have been submitted to and
10 reviewed by the FAA, when:
11 (i) the FAA has issued a letter not objecting to the laser use; and
12 (ii) the laser is operated in conformity with the FAA submission.
13 Directing a laser at an aircraft is a class A misdemeanor.
14 § 240.77 Directing a laser at an aircraft in the first degree.
15 A person is guilty of directing a laser at an aircraft in the first
16 degree when he or she commits the crime of directing a laser at an
17 aircraft in the second degree in violation of section 240.76 of this
18 article and thereby causes a significant change of course or other seri-
19 ous disruption to the safe travel of an aircraft that threatens the
20 physical safety of the aircraft's passengers or crew.
21 Directing a laser at an aircraft in the first degree is a class E
22 felony.
23 § 2. This act shall take effect on the first of November next succeed-
24 ing the date on which it shall have become a law.
