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Assembly Bill A326

Signed By Governor

2011-2012 Legislative Session

Creates the crime of unauthorized radio transmission on certain radio frequencies

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Archive: Last Bill Status Via S5739 - Signed by Governor

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2011-A326 - Details

See Senate Version of this Bill:
S2737
Law Section:
Penal Law
Laws Affected:
Add §§190.72 Pen L , 190.73 & Art 417 §417.00,
Versions Introduced in Other Legislative Sessions:
2009-2010: S6783
2013-2014: S3490

2011-A326 - Summary

Creates the crime of unauthorized radio transmission; prohibits knowingly making a radio transmission on radio frequencies assigned and licensed by the federal communications commission for use by AM and FM radio stations.

2011-A326 - Bill Text download pdf 

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

                                   326

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A. LATIMER, GALEF, BROOK-KRASNY, SPANO -- Multi-
  Sponsored by -- M. of A.   BOYLAND,  CLARK,  GIBSON,  MAISEL,  MARKEY,
  McENENY, M. MILLER, MILLMAN, PHEFFER, PRETLOW, REILLY, THIELE, WEISEN-
  BERG -- read once and referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to prohibition against unau-
  thorized radio transmissions

  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.
  A PERSON IS  GUILTY  OF  UNAUTHORIZED  RADIO  TRANSMISSION  WHEN  SUCH
PERSON:
  1.  KNOWINGLY  MAKES OR CAUSES TO BE MADE A RADIO TRANSMISSION IN THIS
STATE WITHOUT FIRST HAVING OBTAINED  A  LICENSE  OR  AN  EXEMPTION  FROM
LICENSURE FROM THE FEDERAL COMMUNICATIONS COMMISSION OR OTHER APPLICABLE
FEDERAL LAW OR REGULATION; 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.
  A PERSON CONVICTED OF UNAUTHORIZED RADIO TRANSMISSION SHALL BE  GUILTY
OF A CLASS 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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00709-01-1

co-Sponsors

multi-Sponsors

2011-A326A - Details

See Senate Version of this Bill:
S2737
Law Section:
Penal Law
Laws Affected:
Add §§190.72 Pen L , 190.73 & Art 417 §417.00,
Versions Introduced in Other Legislative Sessions:
2009-2010: S6783
2013-2014: S3490

2011-A326A - Summary

Creates the crime of unauthorized radio transmission; prohibits knowingly making a radio transmission on radio frequencies assigned and licensed by the federal communications commission for use by AM and FM radio stations.

2011-A326A - Bill Text download pdf 

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

                                 326--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (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

co-Sponsors

multi-Sponsors

2011-A326B (ACTIVE) - Details

See Senate Version of this Bill:
S2737
Law Section:
Penal Law
Laws Affected:
Add §§190.72 Pen L , 190.73 & Art 417 §417.00,
Versions Introduced in Other Legislative Sessions:
2009-2010: S6783
2013-2014: S3490

2011-A326B (ACTIVE) - Summary

Creates the crime of unauthorized radio transmission; prohibits knowingly making a radio transmission on radio frequencies assigned and licensed by the federal communications commission for use by AM and FM radio stations.

2011-A326B (ACTIVE) - Bill Text download pdf 

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

                                 326--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (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 -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT to amend the penal law, in relation to unauthorized radio trans-
  missions

  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.
  A PERSON IS GUILTY OF AN UNAUTHORIZED  RADIO  TRANSMISSION  WHEN  SUCH
PERSON 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.
  UNAUTHORIZED RADIO TRANSMISSION IS A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

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