Colorado 2023 Regular Session

Colorado Senate Bill SB095 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0535.01 Chelsea Princell x4335
1	8		SENATE BILL 23-095
2		-	BY SENATOR(S) Ginal and Gardner, Hansen, Kolker, Marchman, Priola,
3		-	Rich, Roberts, Smallwood;
4		-	also REPRESENTATIVE(S) Soper and Daugherty, Bird, Bockenfeld,
5		-	Bottoms, Bradley, DeGraaf, Evans, Frizell, Herod, Kipp, Lieder, Mauro,
6		-	Ortiz, Snyder, Taggart, Titone, Valdez, Weinberg, Young.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING CRIMINALIZING UNLAWFULLY POINTING A LASER DEVICE AT AN
9		-	AIRCRAFT
10		-	.
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, add 18-3-210 as
14		-	follows:
15		-	18-3-210. Unlawfully aiming a laser device at an aircraft -
	13	+	ONCERNING CRIMINALIZING UNLAWFU LLY POINTING A LASER DEVICE101
	14	+	AT AN AIRCRAFT.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill creates a class 6 felony for a person who knowingly
	23	+	points, focuses, or aims a laser device at an aircraft.
	24	+	The bill provides exemptions for a person who points a laser
	25	+	device at an aircraft under certain circumstances.
	26	+	HOUSE
	27	+	3rd Reading Unamended
	28	+	March 7, 2023
	29	+	HOUSE
	30	+	Amended 2nd Reading
	31	+	March 6, 2023
	32	+	SENATE
	33	+	3rd Reading Unamended
	34	+	February 22, 2023
	35	+	SENATE
	36	+	2nd Reading Unamended
	37	+	February 21, 2023
	38	+	SENATE SPONSORSHIP
	39	+	Ginal and Gardner, Hansen, Kolker, Marchman, Priola, Rich, Roberts, Smallwood
	40	+	HOUSE SPONSORSHIP
	41	+	Soper and Daugherty, Bird, Bockenfeld, Bottoms, Bradley, DeGraaf, Evans, Frizell,
	42	+	Herod, Kipp, Lieder, Mauro, Ortiz, Snyder, Taggart, Titone, Valdez, Weinberg, Young
	43	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	44	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	45	+	Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
	46	+	SECTION 1. In Colorado Revised Statutes, add 18-3-210 as2
	47	+	follows:3
	48	+	18-3-210. Unlawfully aiming a laser device at an aircraft -4
16	49		definitions. (1) A
17		-	PERSON WHO KNOWINGLY POINTS , FOCUSES, OR AIMS THE
18		-	BEAM OF A LASER DEVICE AT AN AI RCRAFT IN FLIGHT OR ON THE GROUND
19		-	WHILE OCCUPIED
20		-	, AND THE INCIDENT IS REPORTED BY THE PILOT OR A CREW
21		-	MEMBER OF THE IMPACTED AIRCRAFT TO A LAW ENFORCEMENT OFFICER OR
22		-	LAW ENFORCEMENT AGENCY
23		-	, COMMITS THE OFFENSE OF UNLAWFULLY
24		-	AIMING A LASER DEVICE AT AN AIRCRAFT
25		-	, WHICH IS A CLASS 6 FELONY.
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. (2) THE OFFENSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION
34		-	DOES NOT APPLY IF THE PERSON
35		-	:
	50	+	PERSON WHO KNOWINGLY POINTS , FOCUSES, OR AIMS5
	51	+	THE BEAM OF A LASER DEVICE AT AN AIRCRAFT IN FLIGHT OR ON THE6
	52	+	GROUND WHILE
	53	+	OCCUPIED, AND THE INCIDENT IS REPORTED BY THE PILOT7
	54	+	OR A CREW MEMBER OF THE IMPACTED AIRCRAFT TO A LAW ENFORCEMENT8
	55	+	OFFICER OR LAW ENFORCEMENT AGENCY , COMMITS THE OFFENSE OF9
	56	+	UNLAWFULLY AIMING A LASER DEVICE AT AN AIRCRAFT , WHICH IS A CLASS10
	57	+	6
	58	+	FELONY.11
	59	+	(2) T
	60	+	HE OFFENSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION12
	61	+	DOES NOT APPLY IF THE PERSON:13
36	62		(a) I
37		-	S AN AUTHORIZED INDIVIDUAL CONDUCTING RESEARCH AND
38		-	DEVELOPMENT OR FLIGHT TEST OPERATIONS FOR AN AIRCRAFT
39		-	MANUFACTURER OR THE FEDERAL AVIATION ADMINISTRATION
40		-	, OR ANY
41		-	OTHER PERSON AUTHORIZED BY THE FEDERAL AVIATION ADMINISTRATION TO
42		-	CONDUCT RESEARCH AND DEVELOPMENT OR FLIGHT TEST OPERATIONS
43		-	;
	63	+	S AN AUTHORIZED INDIVIDUAL CONDUCTING RESEARCH AND14
	64	+	DEVELOPMENT OR FLIGHT TEST OPERATIONS FOR AN AIRCRAFT15
	65	+	MANUFACTURER OR THE FEDERAL AVIATION ADMINISTRATION , OR ANY16
	66	+	OTHER PERSON AUTHORIZED BY THE FEDERAL AVIATION ADMINISTRATION17
	67	+	TO CONDUCT RESEARCH AND DEVELOPMENT OR FLIGHT TEST OPERATIONS ;18
44	68		(b) I
45		-	S A MEMBER OF THE UNITED STATES DEPARTMENT OF DEFENSE
46		-	OR THE
47		-	UNITED STATES DEPARTMENT OF HOMELAND SECURITY ACTING IN
48		-	AN OFFICIAL CAPACITY FOR THE PURPOSE OF RESEARCH
49		-	, DEVELOPMENT,
50		-	OPERATIONS, TESTING, OR TRAINING; OR
51		-	(c) USES A LASER DEVICE WITH THE INTENT OF SENDING AN
52		-	EMERGENCY DISTRESS SIGNAL
53		-	.
	69	+	S A MEMBER OF THE UNITED STATES DEPARTMENT OF DEFENSE19
	70	+	OR THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ACTING IN20
	71	+	AN OFFICIAL CAPACITY FOR THE PURPOSE OF RESEARCH , DEVELOPMENT,21
	72	+	OPERATIONS, TESTING, OR TRAINING; OR22
	73	+	(c) U
	74	+	SES A LASER DEVICE WITH THE INTENT OF SENDING AN23
	75	+	EMERGENCY DISTRESS SIGNAL.24
54	76		(3) A
55		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
56		-	REQUIRES
57		-	:
	77	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE25
	78	+	REQUIRES:26
58	79		(a) "A
59		-	IRCRAFT" MEANS A DEVICE MANNED BY A PERSON THAT IS
60		-	~~USED OR INTENDED TO BE USED FOR FLIGHT IN THE AIR~~
61		-	.
	80	+	IRCRAFT" MEANS A DEVICE MANNED BY A PERSON THAT IS27
	81	+	095
	82	+	-2- USED OR INTENDED TO BE USED FOR FLIGHT IN THE AIR.1
62	83		(b) "L
63		-	ASER DEVICE" MEANS ANY DEVICE DESIGNED OR USED TO
64		-	AMPLIFY ELECTROMAGNETIC RADIATION BY STIMULATED EMISSION THAT
65		-	EMITS A BEAM IN THE ULTRAVIOLET
66		-	, VISIBLE, OR INFRARED REGION OF THE
67		-	SPECTRUM
68		-	.
69		-	SECTION 2. Effective date - applicability. This act takes effect
70		-	July 1, 2023, and applies to offenses committed on or after said date.
71		-	SECTION 3. Safety clause. The general assembly hereby finds,
72		-	PAGE 2-SENATE BILL 23-095 determines, and declares that this act is necessary for the immediate
73		-	preservation of the public peace, health, or safety.
74		-	____________________________ ____________________________
75		-	Steve Fenberg Julie McCluskie
76		-	PRESIDENT OF SPEAKER OF THE HOUSE
77		-	THE SENATE OF REPRESENTATIVES
78		-	____________________________ ____________________________
79		-	Cindi L. Markwell Robin Jones
80		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
81		-	THE SENATE OF REPRESENTATIVES
82		-	APPROVED________________________________________
83		-	(Date and Time)
84		-	_________________________________________
85		-	Jared S. Polis
86		-	GOVERNOR OF THE STATE OF COLORADO
87		-	PAGE 3-SENATE BILL 23-095
	84	+	ASER DEVICE" MEANS ANY DEVICE DESIGNED OR USED TO2
	85	+	AMPLIFY ELECTROMAGNETIC RADIATION BY STIMULATED EMISSION THAT3
	86	+	EMITS A BEAM IN THE ULTRAVIOLET, VISIBLE, OR INFRARED REGION OF THE4
	87	+	SPECTRUM.5
	88	+	SECTION 2. Effective date - applicability. This act takes effect6
	89	+	July 1, 2023, and applies to offenses committed on or after said date.7
	90	+	SECTION 3. Safety clause. The general assembly hereby finds,8
	91	+	determines, and declares that this act is necessary for the immediate9
	92	+	preservation of the public peace, health, or safety.10
	93	+	095
	94	+	-3-