BILL NUMBER:S4083

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 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
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:
No prior 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.