By: Flores (Senate Sponsor - Lucio) H.B. No. 1586

(In the Senate - Received from the House May 1, 2007; May 2, 2007, read first time and referred to Committee on Criminal Justice; May 16, 2007, reported favorably by the following vote: Yeas 7, Nays 0; May 16, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the offense of illumination of an aircraft by intense light.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 42, Penal Code, is amended by adding Section 42.14 to read as follows:

Sec. 42.14. ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT. (a) A person commits an offense if:

(1) the person intentionally directs a light from a laser pointer or other light source at an aircraft; and

(2) the light has an intensity sufficient to impair the operator's ability to control the aircraft.

(b) It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency distress signal.

(c) An offense under this section is a Class C misdemeanor unless the intensity of the light impairs the operator's ability to control the aircraft, in which event the offense is a Class A misdemeanor.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

(e) In this section, "laser pointer" has the meaning assigned by Section 42.13.

SECTION 2. This Act takes effect September 1, 2007.

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