Bill Summary – FastDemocracy

1                                 STATE OF OKLAHOMA
2                    1st Session of the 59th Legislature (2023)
3    HOUSE BILL 2159                           By: Ford
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6                                  AS INTRODUCED
7             An Act relating to crimes and punishments; amending
              21 O.S. Section 1992, which relates to the Laser
8             Safety Act; increasing penalties; updating language;
              and providing an effective date.
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11   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12       SECTION 1.       AMENDATORY       21 O.S. 2021, Section 1992, is
13   amended to read as follows:
14       Section 1992.    A.   This section shall be known and may be cited
15   as the "Laser Safety Act".
16       B.   Any person who knowingly and maliciously projects a laser,
17   as defined in this section, on or at a law enforcement officer
18   without the consent of the officer while the officer is acting
19   within the scope of the official duties of the officer shall, upon
20   conviction, be guilty of a misdemeanor and upon conviction shall be
21   punished punishable by a fine of not more than One Hundred Dollars
22   ($100.00) Five Hundred Dollars ($500.00), or by imprisonment in the
23   county jail for a period of not more than one (1) year, or by both
24   such fine and imprisonment.       Any person who commits a second or
     Req. No. 5136                                                          Page 1
1    subsequent violation of this section shall, upon conviction, be
2    guilty of a misdemeanor felony punishable by a fine of not more than
3    Five Hundred Dollars ($500.00) One Thousand Dollars ($1,000.00), a
4    term of or by imprisonment in the county jail custody of the
5    Department of Corrections for a period of not more than six (6)
6    months two (2) years, or by both such fine and imprisonment.
7        C.   Anyone who knowingly aims the beam of a laser pointer at an
8    aircraft in flight or at the flight path of an aircraft shall, upon
9    conviction, be guilty of a misdemeanor and upon conviction shall be
10   punished felony punishable by a fine of not more than One Hundred
11   Dollars ($100.00) One Thousand Dollars ($1,000.00), or by
12   imprisonment in the custody of the Department of Corrections for a
13   period of not less than three (3) months nor more than two (2)
14   years, or by both such fine and imprisonment.   Any person who
15   commits a second or subsequent violation of this section shall, upon
16   conviction, be guilty of a misdemeanor felony punishable by a fine
17   of not more than Five Hundred Dollars ($500.00) Five Thousand
18   Dollars ($5,000.00), a term of or by imprisonment in the county jail
19   custody of the Department of Corrections for a period of not less
20   than one (1) year nor more than six (6) months five (5) years, or by
21   both such fine and imprisonment.
22       D.   This section does not prohibit aiming a beam of a laser
23   pointer at an aircraft, or the flight path of such an aircraft by:
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     Req. No. 5136                                                      Page 2
1        1.   An authorized individual in the conduct of research and
2    development or flight test operations conducted by an aircraft
3    manufacturer, the Federal Aviation Administration, or any other
4    person authorized by the Federal Aviation Administration to conduct
5    research and development or flight test operations;
6        2.   Members or elements of the Department of Defense or
7    Department of Homeland Security acting in an official capacity for
8    the purpose of research, development, operations, testing or
9    training; or
10       3.   By an individual using a laser emergency signaling device to
11   send an emergency distress signal.
12       E.   As used in this section:
13       1.   "Laser" or "laser pointer" means any device designed or used
14   to amplify electromagnetic radiation by stimulated emission that
15   emits a beam designed to be used by the operator as a pointer or
16   highlighter to indicate, mark or identify a specific position,
17   place, item or object; and
18       2.   "Law enforcement officer" means any police officer, peace
19   officer, sheriff, deputy sheriff, correctional officer, probation or
20   parole officer, emergency management employee, judge, magistrate, or
21   any employee of a governmental agency who is authorized by law to
22   engage in the investigation, arrest, prosecution, or supervision of
23   the incarceration of any person for any violation of law and has
24   statutory powers of arrest.
     Req. No. 5136                                                     Page 3
1        SECTION 2.   This act shall become effective November 1, 2023.
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3        59-1-5136      GRS     11/10/22
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     Req. No. 5136                                                   Page 4