Bill S6877B-2013

Establishes the offense of aiming a laser at an aircraft

Establishes the offense of aiming a laser at an aircraft; makes such offense a class A misdemeanor.

Details

Actions

  • Jun 16, 2014: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Jun 11, 2014: ORDERED TO THIRD READING CAL.1298
  • Jun 11, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 2, 2014: PRINT NUMBER 6877B
  • Jun 2, 2014: AMEND AND RECOMMIT TO CODES
  • May 30, 2014: PRINT NUMBER 6877A
  • May 30, 2014: AMEND AND RECOMMIT TO CODES
  • Mar 25, 2014: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 11, 2014
Ayes (20): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Gianaris
Ayes W/R (2): Parker, Perkins
Nays (1): Krueger
Excused (2): Hassell-Thompson, Espaillat

Memo

BILL NUMBER:S6877B

TITLE OF BILL: An act to amend the penal law, in relation to prohibiting aiming a laser at an aircraft

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the aiming of the beam of a laser at an aircraft or in its flight path, and provides that such offense will be a class A misdemeanor.

SUMMARY OF PROVISIONS:

Section 1: Amends the penal law by adding a new section 240.64 which creates the crime of aiming a laser at an aircraft. A person is guilty of such crime when he or she with the intent to disrupt the safe travel of an aircraft aims the beam of a laser into airspace with the intent to target or interfere with aircraft in the special aircraft jurisdiction of the United States, or at an aircraft or in the immediate vicinity of an aircraft and such beam exceeds the limits set by the FAA for the FAA specified laser flight zone where the aircraft was located: and a pilot in the illuminated aircraft files a laser incident report with the FAA.

The term laser shall mean any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam.

This section does not prohibit aiming a laser at an aircraft by an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the FAA, or any other person authorized by the FAA to conduct such research and development or flight test operations or members or elements of the United States Department of Defense or Homeland Security acting in an official capacity; or an individual in an emergency situation using a laser to attract the attention of an aircraft for bona fide rescue purposes: or an individual whose laser operations have been submitted to and reviewed by the FAA.

JUSTIFICATION:

The U.S. Federal Aviation Administration said there were 2,836 reports of lasers being pointed at aircraft during calendar year 2010. This is over seven incidents every single night, and is 185% greater than 2009's figure of 1,527 reported incidents.

The increase in reports is likely due to a number of factors, including the availability of inexpensive laser devices on the Internet: higher power levels that enable lasers to hit aircraft at higher altitudes: increased pilot reporting of laser strikes: and the introduction of Green lasers, which are more easily seen than red lasers.

The use of lasers targeting aircrafts poses serious risks to pilots and their passengers, particularly during critical operations such as landings and takeoffs. At its worst, a strong laser beam flash, akin to a camera flash, could cause temporary loss of vision or reduced night vision. Eye injuries have even been reported by some pilots.One

such example occurred on February 20th, 2011 when a Southwest Airlines flight with more than 130 people on board was making its final approach to the Baltimore-Washington International Thurgood Marshall Airport. While the plane was at an altitude of about 2,000 feet, someone on the ground aimed a laser at it, sending a bright beam into the cockpit as the pilots were preparing to land. The aircraft arrived safely but the pilot and co-pilot reportedly suffered eye injuries.

To date, no aircraft accidents have been attributed to lasers aimed at cockpits, but anything that interferes with a pilot's ability to do his or her job is a public safety matter that needs to be taken seriously.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6877--B IN SENATE March 25, 2014 ___________
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- 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 AN ACT to amend the penal law, in relation to prohibiting aiming a laser at an aircraft 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 240.64 to read as follows: S 240.64 AIMING A LASER AT AN AIRCRAFT. A PERSON IS GUILTY OF AIMING A LASER AT AN AIRCRAFT WHEN HE OR SHE WITH THE INTENT TO DISRUPT THE SAFE TRAVEL OF AN AIRCRAFT AIMS THE BEAM OF A LASER: 1. INTO AIRSPACE WITH THE INTENT TO TARGET OR INTERFERE WITH AIRCRAFT IN THE SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES; OR 2. AT AN AIRCRAFT, OR IN THE IMMEDIATE VICINITY OF AN AIRCRAFT, AND: (A) THE CALCULATED OR MEASURED BEAM IRRADIANCE ON THE AIRCRAFT, OR IN THE IMMEDIATE VICINITY OF THE AIRCRAFT, EXCEEDS LIMITS SET BY THE FAA FOR THE FAA-SPECIFIED LASER FLIGHT ZONE (NORMAL, SENSITIVE, CRITICAL, OR LASER-FREE) WHERE THE AIRCRAFT WAS LOCATED; AND (B) A PILOT IN THE ILLU- MINATED AIRCRAFT FILES A LASER INCIDENT REPORT WITH THE FAA. 3. AS USED IN THIS SECTION: (A) THE TERM "LASER" SHALL MEAN ANY DEVICE DESIGNED OR USED TO AMPLIFY ELECTROMAGNETIC RADIATION BY STIMULATED EMISSION THAT EMITS A BEAM; AND (B) THE TERM "FAA" SHALL MEAN THE FEDERAL AVIATION ADMINISTRATION. 4. THIS SECTION DOES NOT PROHIBIT AIMING A LASER BEAM AT AN AIRCRAFT, OR IN THE IMMEDIATE VICINITY OF AN AIRCRAFT, BY: (A) AN AUTHORIZED INDIVIDUAL IN THE CONDUCT OF RESEARCH AND DEVELOP- MENT OR FLIGHT TEST OPERATIONS CONDUCTED BY AN AIRCRAFT MANUFACTURER, THE FAA, OR ANY OTHER PERSON AUTHORIZED BY THE FAA TO CONDUCT SUCH RESEARCH AND DEVELOPMENT OR FLIGHT TEST OPERATIONS; OR
(B) MEMBERS OR ELEMENTS 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; OR (C) AN INDIVIDUAL IN AN EMERGENCY SITUATION USING A LASER TO ATTRACT THE ATTENTION OF AN AIRCRAFT FOR BONA FIDE RESCUE PURPOSES; OR (D) AN INDIVIDUAL WHOSE LASER OPERATIONS HAVE BEEN SUBMITTED TO AND REVIEWED BY THE FAA, WHEN: (I) THE FAA HAS ISSUED A LETTER NOT OBJECTING TO THE LASER USE; AND (II) THE LASER IS OPERATED IN CONFORMITY WITH THE FAA SUBMISSION. AIMING A LASER AT AN AIRCRAFT IS A CLASS A MISDEMEANOR. S 2. 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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