SENATE BILL 23-095
BY SENATOR(S) Ginal and Gardner, Hansen, Kolker, Marchman, Priola,
Rich, Roberts, Smallwood;
also REPRESENTATIVE(S) Soper and Daugherty, Bird, Bockenfeld,
Bottoms, Bradley, DeGraaf, Evans, Frizell, Herod, Kipp, Lieder, Mauro,
Ortiz, Snyder, Taggart, Titone, Valdez, Weinberg, Young.
C
ONCERNING CRIMINALIZING UNLAWFULLY POINTING A LASER DEVICE AT AN
AIRCRAFT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 18-3-210 as
follows:
18-3-210. Unlawfully aiming a laser device at an aircraft -
definitions. (1) A
PERSON WHO KNOWINGLY POINTS , FOCUSES, OR AIMS THE
BEAM OF A LASER DEVICE AT AN AI RCRAFT IN FLIGHT OR ON THE GROUND
WHILE OCCUPIED
, AND THE INCIDENT IS REPORTED BY THE PILOT OR A CREW
MEMBER OF THE IMPACTED AIRCRAFT TO A LAW ENFORCEMENT OFFICER OR
LAW ENFORCEMENT AGENCY
, COMMITS THE OFFENSE OF UNLAWFULLY
AIMING A LASER DEVICE AT AN AIRCRAFT
, WHICH IS A CLASS 6 FELONY.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (2) THE OFFENSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION
DOES NOT APPLY IF THE PERSON
:
(a) I
S AN AUTHORIZED INDIVIDUAL CONDUCTING RESEARCH AND
DEVELOPMENT OR FLIGHT TEST OPERATIONS FOR AN AIRCRAFT
MANUFACTURER OR THE FEDERAL AVIATION ADMINISTRATION
, OR ANY
OTHER PERSON AUTHORIZED BY THE FEDERAL AVIATION ADMINISTRATION TO
CONDUCT RESEARCH AND DEVELOPMENT OR FLIGHT TEST OPERATIONS
;
(b) I
S A MEMBER 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) USES A LASER DEVICE WITH THE INTENT OF SENDING AN
EMERGENCY DISTRESS SIGNAL
.
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
IRCRAFT" MEANS A DEVICE MANNED BY A PERSON THAT IS
USED OR INTENDED TO BE USED FOR FLIGHT IN THE AIR
.
(b) "L
ASER DEVICE" MEANS ANY DEVICE DESIGNED OR USED TO
AMPLIFY ELECTROMAGNETIC RADIATION BY STIMULATED EMISSION THAT
EMITS A BEAM IN THE ULTRAVIOLET
, VISIBLE, OR INFRARED REGION OF THE
SPECTRUM
.
SECTION 2. Effective date - applicability. This act takes effect
July 1, 2023, and applies to offenses committed on or after said date.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 2-SENATE BILL 23-095 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 3-SENATE BILL 23-095