A326A-2011 Actions

• Jun 20, 2011: substituted by s5739a
• Jun 20, 2011: rules report cal.513
• Jun 20, 2011: reported
• Jun 20, 2011: reported referred to rules
• Jun 17, 2011: print number 326b
• Jun 17, 2011: amend (t) and recommit to codes
• Jun 14, 2011: print number 326a
• Jun 14, 2011: amend (t) and recommit to codes
• Jan 5, 2011: referred to codes

A326A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 326--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced  by  M.  of  A.  LATIMER, GALEF, BROOK-KRASNY, SPANO, PAULIN,
 P. RIVERA, JAFFEE, COLTON, REILLY, BRONSON,  WEPRIN,  BARRON,  MAISEL,
 LAVINE,  RODRIGUEZ -- Multi-Sponsored by -- M. of A. BOYLAND, BURLING,
 CLARK, CROUCH, GABRYSZAK, GIBSON, MARKEY, McDONOUGH,  McENENY,  McKEV
 ITT,  M. MILLER,  MILLMAN, MONTESANO, MURRAY, PRETLOW, RAIA, SALADINO,
 SCHIMEL, THIELE, WEISENBERG -- read once and referred to the Committee
 on Codes -- committee discharged, bill amended, ordered  reprinted  as
 amended and recommitted to said committee
 AN  ACT to amend the penal law, in relation to prohibiting illegal unau
 thorized radio transmissions on certain radio frequencies
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. The penal law is amended by adding a new section 190.72 to
 read as follows:

 

S 190.72 UNAUTHORIZED RADIO TRANSMISSION IN THE SECOND DEGREE.
 A PERSON IS GUILTY OF AN UNAUTHORIZED RADIO TRANSMISSION IN THE SECOND
 DEGREE WHEN SUCH PERSON:

 1. KNOWINGLY MAKES OR CAUSES TO BE MADE A RADIO TRANSMISSION  IN  THIS
 STATE,  ON RADIO FREQUENCIES ASSIGNED AND LICENSED BY THE FEDERAL COMMU
 NICATIONS COMMISSION FOR USE BY AM RADIO STATIONS BETWEEN  THE  FREQUEN
 CIES  OF  530 KHZ TO 1700 KHZ, OR FM RADIO STATIONS BETWEEN THE FREQUEN
 CIES OF 88 MHZ TO 108 MHZ, WITHOUT FIRST HAVING OBTAINED  A  LICENSE  OR
 OTHER  AUTHORIZATION FROM THE FEDERAL COMMUNICATIONS COMMISSION, OR DULY
 AUTHORIZED FEDERAL AGENCY; OR
 2. KNOWINGLY CAUSES, EITHER DIRECTLY OR  INDIRECTLY,  INTERFERENCE  TO
 ANY AM RADIO STATIONS BETWEEN THE FREQUENCIES OF 530 KHZ TO 1700 KHZ, OR
 FM  RADIO  STATIONS BETWEEN THE FREQUENCIES OF 88 MHZ TO 108 MHZ WITHOUT
 AUTHORIZATION BY THE FEDERAL COMMUNICATIONS COMMISSION OR  DULY  AUTHOR
 IZED FEDERAL AGENCY.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00709-02-1
 
       A. 326--A                           2
 ANY  EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE TRANSMITTING ANTENNA,
 TRANSMITTER, MASTER CONTROL, SERVERS AND COMPUTERS, USED TO PROVIDE SUCH
 ILLEGAL RADIO TRANSMISSIONS  SHALL  BE  SUBJECT  TO  SEIZURE  AND,  UPON
 CONVICTION,  SUBJECT  TO  DESTRUCTION  PURSUANT  TO ARTICLE FOUR HUNDRED
 SEVENTEEN OF THIS CHAPTER.
 UNAUTHORIZED  RADIO  TRANSMISSION  IN  THE  SECOND DEGREE IS A CLASS A
 MISDEMEANOR.
 

S 2. The penal law is amended by adding a new section 190.73  to  read
 as follows:

 

S 190.73 UNAUTHORIZED RADIO TRANSMISSION IN THE FIRST DEGREE.
 A  PERSON  IS  GUILTY  OF UNAUTHORIZED RADIO TRANSMISSION IN THE FIRST
 DEGREE WHEN HE OR SHE COMMITS THE CRIME  OF  UNAUTHORIZED  RADIO  TRANS
 MISSION  IN THE SECOND DEGREE PURSUANT TO SECTION 190.72 OF THIS ARTICLE
 AND HAS PREVIOUSLY BEEN CONVICTED WITHIN  THE  PRECEDING  TEN  YEARS  OF
 UNAUTHORIZED  RADIO  TRANSMISSION  IN  THE SECOND DEGREE. ANY EQUIPMENT,
 INCLUDING BUT NOT LIMITED  TO  THE  TRANSMITTING  ANTENNA,  TRANSMITTER,
 MASTER  CONTROL,  SERVERS  AND  COMPUTERS,  USED TO PROVIDE SUCH ILLEGAL
 RADIO TRANSMISSIONS SHALL BE SUBJECT TO SEIZURE  AND,  UPON  CONVICTION,
 SUBJECT  TO  DESTRUCTION  PURSUANT  TO ARTICLE FOUR HUNDRED SEVENTEEN OF
 THIS CHAPTER.
 UNAUTHORIZED RADIO TRANSMISSION IN THE FIRST DEGREE IS A CLASS D FELO
 NY.
 

S 3. The penal law is amended by adding a new article 417 to  read  as
 follows:

 ARTICLE 417
 SEIZURE AND DESTRUCTION OF TRANSMITTING ANTENNA, TRANSMITTER,
 MASTER CONTROL, SERVERS AND COMPUTERS, USED TO PROVIDE ILLEGAL
 RADIO TRANSMISSIONS
 SECTION 417.00 SEIZURE  AND  DESTRUCTION OF TRANSMITTING ANTENNA, TRANS
 MITTER, MASTER CONTROL, SERVERS AND COMPUTERS, USED  TO
 PROVIDE ILLEGAL RADIO TRANSMISSIONS.
 

S  417.00  SEIZURE AND DESTRUCTION OF TRANSMITTING ANTENNA, TRANSMITTER,
 MASTER CONTROL, SERVERS AND COMPUTERS, USED TO PROVIDE ILLE
 GAL RADIO TRANSMISSIONS.
 ANY EQUIPMENT UTILIZED IN VIOLATION OF SECTION  190.72  OR  190.73  OF
 THIS  CHAPTER MAY BE SEIZED BY ANY POLICE OFFICER UPON THE ARREST OF ANY
 INDIVIDUAL IN POSSESSION OF THE SAME. UPON FINAL  DETERMINATION  OF  THE
 CHARGES,  THE COURT SHALL, UPON NOTICE FROM THE DISTRICT ATTORNEY, ENTER
 AN  ORDER  PRESERVING  ANY  TRANSMITTING  ANTENNA,  TRANSMITTER,  MASTER
 CONTROL,  SERVERS  AND  COMPUTERS,  USED TO PROVIDE ILLEGAL RADIO TRANS
 MISSIONS FOR USE IN OTHER CASES, INCLUDING A CIVIL ACTION.  THIS  NOTICE
 MUST BE RECEIVED WITHIN THIRTY DAYS OF FINAL DETERMINATION OF THE CHARG
 ES.  THE  COST  OF STORAGE, SECURITY AND DESTRUCTION OF ITEMS SO ORDERED
 FOR PRESERVATION AND USE AS EVIDENCE IN A CIVIL  ACTION,  OTHER  THAN  A
 CIVIL  ACTION  UNDER  ARTICLE  THIRTEEN-A  OF THE CIVIL PRACTICE LAW AND
 RULES INITIATED BY THE DISTRICT ATTORNEY, SHALL BE  PAID  BY  THE  PARTY
 SEEKING  PRESERVATION  OF  THE  EVIDENCE  FOR A CIVIL ACTION. IF NO SUCH
 ORDER IS ENTERED WITHIN THE THIRTY DAY PERIOD, THE DISTRICT ATTORNEY  OR
 CUSTODIAN  OF THE SEIZED PROPERTY MUST CAUSE SUCH ITEMS TO BE DESTROYED.
 DESTRUCTION SHALL NOT INCLUDE AUCTION,  SALE,  OR  DISTRIBUTION  OF  THE
 ITEMS IN THEIR ORIGINAL FORM.
 

S 4. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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