senate Bill S2737A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 11, 2012 print number 2737a
amend (t) and recommit to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 15, 2011 referred to codes
delivered to assembly
passed senate
Jun 14, 2011 ordered to third reading cal.1209
Jun 13, 2011 committee discharged and committed to rules
Jan 31, 2011 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2737 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §190.72, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6783

S2737 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2737

TITLE OF BILL:
An act
to amend the penal law, in relation to 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.

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:
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.

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

                                  2737

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed 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

S2737A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §190.72, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6783

S2737A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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