senate Bill S2737A

Amends the crime of unauthorized radio transmission to be a class D felony

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 31 / Jan / 2011
    • REFERRED TO CODES
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1209
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 11 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO CODES
  • 11 / Jan / 2012
    • PRINT NUMBER 2737A

Summary

Amends the crime of unauthorized radio transmission to include those who broadcast radio transmissions without obtaining a license to do so from the FCC; makes it a class D felony punishable by imprisonment and a fine.

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Bill Details

Versions:
S2737
S2737A
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง190.72, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S6783
2007-2008: S4028

Sponsor Memo

BILL NUMBER:S2737A

TITLE OF BILL:
An act
to amend the penal law, in relation to the
prohibition against unauthorized
radio transmissions

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 190.72 of the penal law would be established to outlaw
unauthorized radio transmissions and establish penalties for failure
to do so without FCC approvals.

Section two sets forth the effective date.

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
2011: Passed Senate

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2737--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced by Sens. SALAND, ESPAILLAT, PERALTA -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  recommitted  to  the Committee on Codes in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the penal law, in relation to the prohibition against
  unauthorized radio transmissions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190.72 of the penal law, as added by chapter 361 of
the laws of 2011, is amended to read as follows:
S 190.72 Unauthorized radio transmission.
  A  person  is  guilty  of an unauthorized radio transmission when such
person:
  1. knowingly makes or causes to be made a radio transmission  in  this
state,  on a radio frequency assigned and licensed by the federal commu-
nications commission for use by amplitude modulation (AM) radio stations
between the frequencies of five hundred thirty kilohertz (kHz) to seven-
teen  hundred  kilohertz  (kHz),  or  frequency  modulation  (FM)  radio
stations  between the frequencies of eighty-eight megahertz (MHz) to one
hundred eight megahertz (MHz), without  authorization  or  having  first
obtained  a  license  from the federal communications commission or duly
authorized federal agency, in violation of federal law; OR
  2. ACTS, WHETHER DIRECTLY OR  INDIRECTLY,  TO  CAUSE  AN  UNAUTHORIZED
RADIO  TRANSMISSION  TO,  OR  INTERFERENCE  WITH, A PUBLIC OR COMMERCIAL
RADIO STATION LICENSED BY THE FEDERAL COMMUNICATIONS  COMMISSION  OR  TO
ENABLE THE RADIO TRANSMISSION OR INTERFERENCE TO OCCUR.
  Unauthorized radio transmission is a class [A misdemeanor] D FELONY.
  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; provided, however,
that if section 1 of chapter 361 of the laws  of  2011  shall  not  have
taken  effect  on or before such date then section one of this act shall
take effect on the same date and in the same manner as such  chapter  of
the laws of 2011 takes effect.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00709-06-2

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