Public Act 0153 97TH GENERAL ASSEMBLY

HB0167 Enrolled LRB097 02893 RLC 42917 b

Public Act 097-0153

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing the heading of Article 24.6 and Section 24.6-5 and by adding Section 24.6-25 as follows:

(720 ILCS 5/Art. 24.6 heading)

ARTICLE 24.6. LASER AND LASER POINTERS

(720 ILCS 5/24.6-5)

Sec. 24.6-5. Definitions. In this Article:

"Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air, but excluding parachutes.

"Laser" means both of the following:

(1) any device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;

(2) any device designed or used to amplify electromagnetic radiation by simulated emission that is visible to the human eye.

"Laser pointer" means a hand-held device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

"Laser sight" means a laser pointer that can be attached to a firearm and can be used to improve the accuracy of the firearm.

(Source: P.A. 91-252, eff. 1-1-00.)

(720 ILCS 5/24.6-25 new)

Sec. 24.6-25. Discharging a laser at an aircraft.

(a) A person commits discharging a laser at an aircraft when he or she intentionally or knowingly aims and discharges a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off, landing, or is in flight.

(b) Exceptions. This Section does not apply to the following individuals who aim and discharge a laser or other device at an aircraft:

(1) an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations; or

(2) members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.

(c) Sentence. Discharging a laser at an aircraft is a Class A misdemeanor.