Colorado 2023 2023 Regular Session

Colorado Senate Bill SB095 Amended / Bill

Filed 03/07/2023

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0535.01 Chelsea Princell x4335
SENATE BILL 23-095
Senate Committees House Committees
Judiciary 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.
HOUSE
3rd Reading Unamended
March 7, 2023
HOUSE
Amended 2nd Reading
March 6, 2023
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, Bird, Bockenfeld, Bottoms, Bradley, DeGraaf, Evans, Frizell,
Herod, Kipp, Lieder, Mauro, Ortiz, Snyder, Taggart, Titone, Valdez, Weinberg, Young
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, AND THE INCIDENT IS REPORTED BY THE PILOT7
OR A CREW MEMBER OF THE IMPACTED AIRCRAFT TO A LAW ENFORCEMENT8
OFFICER OR LAW ENFORCEMENT AGENCY , COMMITS THE OFFENSE OF9
UNLAWFULLY AIMING A LASER DEVICE AT AN AIRCRAFT , WHICH IS A CLASS10
6
 FELONY.11
(2)  T
HE OFFENSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION12
DOES NOT APPLY IF THE PERSON:13
(a)  I
S AN AUTHORIZED INDIVIDUAL CONDUCTING RESEARCH AND14
DEVELOPMENT OR FLIGHT TEST OPERATIONS FOR AN AIRCRAFT15
MANUFACTURER OR THE FEDERAL AVIATION ADMINISTRATION , OR ANY16
OTHER PERSON AUTHORIZED BY THE FEDERAL AVIATION ADMINISTRATION17
TO CONDUCT RESEARCH AND DEVELOPMENT OR FLIGHT TEST OPERATIONS ;18
(b)  I
S A MEMBER OF THE UNITED STATES DEPARTMENT OF DEFENSE19
OR THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ACTING IN20
AN OFFICIAL CAPACITY FOR THE PURPOSE OF RESEARCH , DEVELOPMENT,21
OPERATIONS, TESTING, OR TRAINING; OR22
(c)  U
SES A LASER DEVICE WITH THE INTENT OF SENDING AN23
EMERGENCY DISTRESS SIGNAL.24
(3)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE25
REQUIRES:26
(a)  "A
IRCRAFT" MEANS A DEVICE MANNED BY A PERSON THAT IS27
095
-2- USED OR INTENDED TO BE USED FOR FLIGHT IN THE AIR.1
(b)  "L
ASER DEVICE" MEANS ANY DEVICE DESIGNED OR USED TO2
AMPLIFY ELECTROMAGNETIC RADIATION BY STIMULATED EMISSION THAT3
EMITS A BEAM IN THE ULTRAVIOLET, VISIBLE, OR INFRARED REGION OF THE4
SPECTRUM.5
SECTION 2. Effective date - applicability. This act takes effect6
July 1, 2023, and applies to offenses committed on or after said date.7
SECTION 3. Safety clause. The general assembly hereby finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety.10
095
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