Bill Text: NY S05739 | 2011-2012 | General Assembly | Amended

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Bill Title: Creates the crime of unauthorized radio transmission; prohibits knowingly making a radio transmission on radio frequencies assigned and licensed by the federal communications commission for use by AM and FM radio stations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-08-03 - SIGNED CHAP.361 [S05739 Detail]

Download: New_York-2011-S05739-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5739--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 14, 2011
                                      ___________
       Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Rules  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT to amend the penal law, in relation to unauthorized radio trans-
         missions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 190.72 to
    2  read as follows:
    3  S 190.72 UNAUTHORIZED RADIO TRANSMISSION.
    4    A PERSON IS GUILTY OF AN UNAUTHORIZED  RADIO  TRANSMISSION  WHEN  SUCH
    5  PERSON KNOWINGLY MAKES OR CAUSES TO BE MADE A RADIO TRANSMISSION IN THIS
    6  STATE,  ON A RADIO FREQUENCY ASSIGNED AND LICENSED BY THE FEDERAL COMMU-
    7  NICATIONS COMMISSION FOR USE BY AMPLITUDE MODULATION (AM) RADIO STATIONS
    8  BETWEEN THE FREQUENCIES OF FIVE HUNDRED THIRTY KILOHERTZ (KHZ) TO SEVEN-
    9  TEEN  HUNDRED  KILOHERTZ  (KHZ),  OR  FREQUENCY  MODULATION  (FM)  RADIO
   10  STATIONS  BETWEEN THE FREQUENCIES OF EIGHTY-EIGHT MEGAHERTZ (MHZ) TO ONE
   11  HUNDRED EIGHT MEGAHERTZ (MHZ), WITHOUT  AUTHORIZATION  OR  HAVING  FIRST
   12  OBTAINED  A  LICENSE  FROM THE FEDERAL COMMUNICATIONS COMMISSION OR DULY
   13  AUTHORIZED FEDERAL AGENCY, IN VIOLATION OF FEDERAL LAW.
   14    UNAUTHORIZED RADIO TRANSMISSION IS A CLASS A MISDEMEANOR.
   15    S 2. This act shall take effect on the one hundred eightieth day after
   16  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13120-03-1