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  80R5287 JRH-F
 
  By: Lucio S.B. No. 613
 
 
 
   
 
 
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.