First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 23-0535.01 Chelsea Princell x4335 SENATE BILL 23-095 Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING CRIMINALIZING UNLAWFU LLY POINTING A LASER DEVICE101 AT AN AIRCRAFT.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill creates a class 6 felony for a person who knowingly points, focuses, or aims a laser device at an aircraft. The bill provides exemptions for a person who points a laser device at an aircraft under certain circumstances. SENATE 3rd Reading Unamended February 22, 2023 SENATE 2nd Reading Unamended February 21, 2023 SENATE SPONSORSHIP Ginal and Gardner, Hansen, Kolker, Marchman, Priola, Rich, Roberts, Smallwood HOUSE SPONSORSHIP Soper and Daugherty, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 18-3-210 as2 follows:3 18-3-210. Unlawfully aiming a laser device at an aircraft -4 definitions. (1) A PERSON WHO KNOWINGLY POINTS , FOCUSES, OR AIMS5 THE BEAM OF A LASER DEVICE AT AN AIRCRAFT IN FLIGHT OR ON THE6 GROUND WHILE OCCUPIED COMMITS THE OFFENSE OF UNLAWFULLY AIMING7 A LASER DEVICE AT AN AIRCRAFT, WHICH IS A CLASS 6 FELONY.8 (2) T HE OFFENSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION9 DOES NOT APPLY IF THE PERSON:10 (a) I S AN AUTHORIZED INDIVIDUAL CONDUCTING RESEARCH AND11 DEVELOPMENT OR FLIGHT TEST OPERATIONS FOR AN AIRCRAFT12 MANUFACTURER OR THE FEDERAL AVIATION ADMINISTRATION , OR ANY13 OTHER PERSON AUTHORIZED BY THE FEDERAL AVIATION ADMINISTRATION14 TO CONDUCT RESEARCH AND DEVELOPMENT OR FLIGHT TEST OPERATIONS ;15 (b) I S A MEMBER OF THE UNITED STATES DEPARTMENT OF DEFENSE16 OR THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ACTING IN17 AN OFFICIAL CAPACITY FOR THE PURPOSE OF RESEARCH , DEVELOPMENT,18 OPERATIONS, TESTING, OR TRAINING; OR19 (c) U SES A LASER DEVICE WITH THE INTENT OF SENDING AN20 EMERGENCY DISTRESS SIGNAL.21 (3) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE22 REQUIRES:23 (a) "A IRCRAFT" MEANS A DEVICE MANNED BY A PERSON THAT IS24 USED OR INTENDED TO BE USED FOR FLIGHT IN THE AIR.25 (b) "L ASER DEVICE" MEANS ANY DEVICE DESIGNED OR USED TO26 AMPLIFY ELECTROMAGNETIC RADIATION BY STIMULATED EMISSION THAT27 095 -2- EMITS A BEAM IN THE ULTRAVIOLET, VISIBLE, OR INFRARED REGION OF THE1 SPECTRUM.2 SECTION 2. Effective date - applicability. This act takes effect3 July 1, 2023, and applies to offenses committed on or after said date.4 SECTION 3. Safety clause. The general assembly hereby finds,5 determines, and declares that this act is necessary for the immediate6 preservation of the public peace, health, or safety.7 095 -3-