S T A T E O F N E W Y O R K
I N S E N A T E
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6877--B 2
(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.