S5739-2011 Actions

• Aug 3, 2011: SIGNED CHAP.361
• Jul 22, 2011: DELIVERED TO GOVERNOR
• Jun 20, 2011: returned to senate
• Jun 20, 2011: passed assembly
• Jun 20, 2011: ordered to third reading rules cal.513
• Jun 20, 2011: substituted for a326b
• Jun 20, 2011: referred to codes
• Jun 20, 2011: DELIVERED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Jun 20, 2011: ORDERED TO THIRD READING CAL.1408
• Jun 17, 2011: PRINT NUMBER 5739A
• Jun 17, 2011: AMEND (T) AND RECOMMIT TO RULES
• Jun 14, 2011: REFERRED TO RULES

S5739-2011 Memo

BILL NUMBER:S5739

TITLE OF BILL:
An act
to amend the penal law, in relation to prohibiting illegal
unauthorized radio
transmissions on certain radio frequencies

PURPOSE:
To establish the crime of unauthorized radio transmission for those
who broadcast radio transmission without obtaining a license to do so
from the Federal Communications Commission (FCC).

SUMMARY OF PROVISIONS:
Section one adds a new section 190.72 to the penal law which would
create the crime of unauthorized radio transmission in the second
degree, and make it a class A misdemeanor. It would criminalize the
transmission of radio signals over radio frequencies assigned and
licensed by the Federal Communications Commission. It would further
authorize the seizure of and destruction of any equipment used to
provide such radio transmissions.

Section two adds a new section 190.73 to the penal law which would
create the crime of unauthorized radio transmission in the first
degree, and make it a class D felony. A person shall be guilty of
unauthorized radio transmission in the first degree, when they have
been convicted of unauthorized radio transmission in the second
degree within the past ten years.

Section three adds a new section 417.00 to the penal law which would
authorize the seizure and destruction of equipment used in violation
of section 190.72 and 190.73 of the penal law.

JUSTIFICATION:
Local radio stations often have their programming and signal "bumped
off" the air, or drowned out by unofficial, unlicensed "pirate" radio
stations that broadcast without FCC approval. This law will raise
financial fines and incarceration penalties to serve as an
disincentive for those who would make such illegal broadcasts.

LEGISLATIVE HISTORY:
Similar bills have been moved in the past, such as:
2005-06: A.9647 (Latimer) - Referred to Assembly Codes S.7074
(Volker)-Passed Senate
2007-08: A.1214 (Latimer- Referred to Assembly
Codes S.4028 (Volker) - Passed Senate
2009-10: A.181 (Latimer) - Referred to Assembly Codes
S.6783 (Volker) - Referred to Codes

FISCAL IMPLICATIONS:
No expense to the State, some additional revenues may occur once
violators pay fines.

EFFECTIVE DATE:
The first day of November next succeeding the date on which it shall
have become law.

S5739-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5739
 2011-2012 Regular Sessions
 I N  SENATE
 June 14, 2011
 
 Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
 printed to be committed to the Committee on Rules
 

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.
 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13120-01-1
 
       S. 5739                             2
 

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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