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

                                  5739

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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.