senate Bill S6877B

2013-2014 Legislative Session

Establishes the offense of aiming a laser at an aircraft

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Archive: Last Bill Status - STRICKEN


  • 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
Jun 16, 2014 recommit, enacting clause stricken
Jun 11, 2014 ordered to third reading cal.1298
committee discharged and committed to rules
Jun 02, 2014 print number 6877b
amend and recommit to codes
May 30, 2014 print number 6877a
amend and recommit to codes
Mar 25, 2014 referred to codes

Votes

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Jun 11, 2014 - Rules committee Vote

S6877B
20
1
committee
20
Aye
1
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S6877 - Bill Details

Law Section:
Penal Law
Laws Affected:
Add §240.64, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A8236, A8236B
2011-2012: S4083

S6877 - Bill Texts

view summary

Establishes the offense of aiming a laser at an aircraft; makes such offense a class A misdemeanor.

view sponsor memo
BILL NUMBER:S6877

TITLE OF BILL: An act to amend the penal law, in relation to
prohibiting aiming a laser at an aircraft

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the aiming of the beam of a laser at an aircraft in its
flight path, and provides that such offense will be a class E felony.

SUMMARY OF PROVISIONS:

Section 1: Amends the penal law by adding a new section 240.64 which
creates the crime of knowingly aiming a laser at an aircraft. A person
is guilty of such crime when he or she knowingly aims the beam of a
laser into airspace with the intent to track, target or interfere with
aircraft in the special aircraft jurisdiction of the United States, or
at an aircraft or in the immediate vicinity of an aircraft and such
beam exceeds the limits set by the FAA for the FAA specified laser
flight zone where the aircraft was located and a pilot in the
illuminated aircraft files a laser incident report with the FAA.

The term laser shall mean any device designed, or used to amplify
electromagnetic radiation by stimulated emission that emits a beam.

This section does not prohibit aiming a laser at an aircraft by an
authorized individual in the conduct of research and development or
flight test operations conducted by an aircraft manufacturer, the ETA,
or any other person authorized by the FAA to conduct such research and
development or flight test operations or members or elements the
United States Department of Defense or Homeland Security acting in an
official capacity or an individual in an emergency situation using a
laser to attract the attention of an aircraft for bona fide rescue
purposes, or an individual whose laser operations have been submitted
to and reviewed by the FAA.

JUSTIFICATION:

The use of lasers targeting aircrafts poses serious risk to pilots and
their passengers, particularly during critical operations such as
landings and takeoffs. At its worst, a strong laser beam flash could
cause temporary loss of vision, reduced night vision or cause damage
to the eye. A recent example of this danger occurred this past July
when a JetBlue pilot flying in route to John F. Kennedy Airport
injured his eyes when a green laser was pointed directly at the
cockpit.

Instances of laser pointers shined at aircraft carriers while in
flight have greatly increased over the last several years. According
to the U.S. Federal Aviation Administration, in 2013, there were 3,460
instances reported. This is a significant increase over the 283
instances reported in 2005. The increase in reports is likely due to a
number of factors, including: the availability of inexpensive laser
devices on the internet, higher power levels that enable laser to hit
aircraft at higher altitudes, increased pilot reporting of laser
strikes, and the introduction of green lasers, which are more easily
seen than red lasers.


LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATION:

None.

EFFECTIVE DATE:

This act shall take effect on the first November next succeeding the
date on which it shall have become a law.

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

                                  6877

                            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

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
KNOWINGLY AIMS THE BEAM OF A LASER:
  1.  INTO  AIRSPACE  WITH THE INTENT TO TRACK, 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
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06065-02-4

S. 6877                             2

  (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 E 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.

S6877A - Bill Details

Law Section:
Penal Law
Laws Affected:
Add §240.64, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A8236, A8236B
2011-2012: S4083

S6877A - Bill Texts

view summary

Establishes the offense of aiming a laser at an aircraft; makes such offense a class A misdemeanor.

view sponsor memo
BILL NUMBER:S6877A

TITLE OF BILL: An act to amend the penal law, in relation to
prohibiting aiming a laser at an aircraft

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the aiming of the beam of a laser at an aircraft in its
flight path, and provides that such offense will be a class E felony.

SUMMARY OF PROVISIONS:

Section 1: Amends the penal law by adding a new section 240.64 which
creates the crime of knowingly aiming a laser at an aircraft. A person
is guilty of such crime when he or she knowingly aims the beam of a
laser into airspace with the intent to track, target or interfere with
aircraft in the special aircraft jurisdiction of the United States, or
at an aircraft or in the immediate vicinity of an aircraft and such
beam exceeds the limits set by the FAA for the FAA specified laser
flight zone where the aircraft was located and a pilot in the
illuminated aircraft files a laser incident report with the FAA.

The term laser shall mean any device designed, or used to amplify
electromagnetic radiation by stimulated emission that emits a beam.

This section does not prohibit aiming a laser at an aircraft by an
authorized individual in the conduct of research and development or
flight test operations conducted by an aircraft manufacturer, the ETA,
or any other person authorized by the FAA to conduct such research and
development or flight test operations or members or elements the
United States Department of Defense or Homeland Security acting in an
official capacity or an individual in an emergency situation using a
laser to attract the attention of an aircraft for bona fide rescue
purposes, or an individual whose laser operations have been submitted
to and reviewed by the FAA.

JUSTIFICATION:

The use of lasers targeting aircrafts poses serious risk to pilots and
their passengers, particularly during critical operations such as
landings and takeoffs. At its worst, a strong laser beam flash could
cause temporary loss of vision, reduced night vision or cause damage
to the eye. A recent example of this danger occurred this past July
when a JetBlue pilot flying in route to John F. Kennedy Airport
injured his eyes when a green laser was pointed directly at the
cockpit.

Instances of laser pointers shined at aircraft carriers while in
flight have greatly increased over the last several years. According
to the U.S. Federal Aviation Administration, in 2013, there were 3,460
instances reported. This is a significant increase over the 283
instances reported in 2005. The increase in reports is likely due to a
number of factors, including: the availability of inexpensive laser
devices on the internet, higher power levels that enable laser to hit
aircraft at higher altitudes, increased pilot reporting of laser
strikes, and the introduction of green lasers, which are more easily
seen than red lasers.


LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATION:

None.

EFFECTIVE DATE:

This act shall take effect on the first November next succeeding the
date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6877--A

                            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

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 INTERFERE WITH SAFE AIR TRAVEL AIMS  THE  BEAM  OF  A
LASER:
  1.  INTO  AIRSPACE  WITH THE INTENT TO TRACK, 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
  (B) MEMBERS OR ELEMENTS OF THE UNITED STATES DEPARTMENT OF DEFENSE  OR
THE  UNITED STATES DEPARTMENT OF HOMELAND SECURITY ACTING IN AN OFFICIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06065-05-4

S. 6877--A                          2

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 E 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.

S6877B (ACTIVE) - Bill Details

Law Section:
Penal Law
Laws Affected:
Add §240.64, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A8236, A8236B
2011-2012: S4083

S6877B (ACTIVE) - Bill Texts

view summary

Establishes the offense of aiming a laser at an aircraft; makes such offense a class A misdemeanor.

view sponsor memo
BILL NUMBER:S6877B

TITLE OF BILL: An act to amend the penal law, in relation to
prohibiting aiming a laser at an aircraft

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the aiming of the beam of a laser at an aircraft or in its
flight path, and provides that such offense will be a class A
misdemeanor.

SUMMARY OF PROVISIONS:

Section 1: Amends the penal law by adding a new section 240.64 which
creates the crime of aiming a laser at an aircraft. A person is guilty
of such crime when he or she with the intent to disrupt the safe
travel of an aircraft aims the beam of a laser into airspace with the
intent to target or interfere with aircraft in the special aircraft
jurisdiction of the United States, or at an aircraft or in the
immediate vicinity of an aircraft and such beam exceeds the limits set
by the FAA for the FAA specified laser flight zone where the aircraft
was located: and a pilot in the illuminated aircraft files a laser
incident report with the FAA.

The term laser shall mean any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a beam.

This section does not prohibit aiming a laser at an aircraft by an
authorized individual in the conduct of research and development 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 members or elements of the
United States Department of Defense or Homeland Security acting in an
official capacity; or an individual in an emergency situation using a
laser to attract the attention of an aircraft for bona fide rescue
purposes: or an individual whose laser operations have been submitted
to and reviewed by the FAA.

JUSTIFICATION:

The U.S. Federal Aviation Administration said there were 2,836 reports
of lasers being pointed at aircraft during calendar year 2010. This is
over seven incidents every single night, and is 185% greater than
2009's figure of 1,527 reported incidents.

The increase in reports is likely due to a number of factors,
including the availability of inexpensive laser devices on the
Internet: higher power levels that enable lasers to hit aircraft at
higher altitudes: increased pilot reporting of laser strikes: and the
introduction of Green lasers, which are more easily seen than red
lasers.

The use of lasers targeting aircrafts poses serious risks to pilots
and their passengers, particularly during critical operations such as
landings and takeoffs. At its worst, a strong laser beam flash, akin
to a camera flash, could cause temporary loss of vision or reduced
night vision. Eye injuries have even been reported by some pilots.One


such example occurred on February 20th, 2011 when a Southwest Airlines
flight with more than 130 people on board was making its final
approach to the Baltimore-Washington International Thurgood Marshall
Airport. While the plane was at an altitude of about 2,000 feet,
someone on the ground aimed a laser at it, sending a bright beam into
the cockpit as the pilots were preparing to land. The aircraft arrived
safely but the pilot and co-pilot reportedly suffered eye injuries.

To date, no aircraft accidents have been attributed to lasers aimed at
cockpits, but anything that interferes with a pilot's ability to do
his or her job is a public safety matter that needs to be taken
seriously.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first November next succeeding the
date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6877--B

                            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.
                                                           LBD06065-07-4

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.

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