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BILL DRAFTS

AN ACT
TO AMEND THE PENAL LAW AND THE VEHICLE AND TRAFFIC LAW IN RELATION TO RADIO DEVICES USED IN CRIMES


The People of the State of New York, represented in Senate and Assembly, do enact as follows:

01 Section 1. Section three hundred ninety-seven of
02 the vehicle and traffic law, as amended by chapter
03 843 of the laws of 1980, is hereby REPEALED.
04
05 2. Section 140.40 of the penal law is hereby
06 amended to read as follows:
07 140.40. Unlawful possession of radio devices.
08 As used in this section, the term "radio device"
09 means any device capable of receiving a wireless
10 voice transmission on any frequency allocated
11 for police use, or any device capable
12 of transmitting and receiving a wireless voice
13 transmission. A person is guilty of unlawful
14 possession of a radio device when he possess a
15 radio device with the intent to use that device in
16 the commission of robbery, burglary, larceny,
17 gambling or a violation of any provision of
18 article two hundred twenty of the penal law
19 a felony.
20 Unlawful possession of a radio device is a class B
21 misdemeanor.
22
23 3. This act shall take effect on the first day of
24 November, next succeeding the date on which it
25 shall have become a law.


Matter UNDERSCORED is New. Matter Stricken is old law to be omitted.


BILL DRAFT WHICH IS LESS THAN DESIRED, BUT IT WOULD CLEARLY EXEMPT HAMS FROM THIS LAW


AN ACT
TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO EQUIPPING RADIO DEVICES IN MOTOR VEHICLES


The People of the State of New York, represented in Senate and Assembly, do enact as follows

01 Section 1. Section three hundred ninety-seven of
02 the vehicle and traffic law, as amended by chapter
03 843 of the laws of 1980 is hereby amended to
04 read as follows:
05 397. EQUIPPING MOTOR VEHICLES WITH RADIO RECEIVING
06 SETS CAPABLE OF RECEIVING SIGNALS ON THE
07 FREQUENCIES ALLOCATED FOR POLICE USE.
08 A person, not a police officer or peace officer,
09 acting pursuant to his special duties, or an
10 amateur radio operator licensed by the federal
11 communications commission who equips a motor
12 vehicle with a radio receiving set capable of
13 receiving signals on the frequencies allocated for
14 police use or knowingly uses a motor vehicle so
15 equipped or who in any way knowingly interferes
16 with the transmission of radio messages by the
17 police without having first secured a permit to do
18 so from the person authorized to issue such a
19 permit by the local governing body or board of the
20 city, town or village in which such person resides,
21 or where such person resides outside of a city, or
22 village in a county having a county police
23 department by the board of supervisors of such
24 county, is guilty of a misdemeanor, punishable by a
25 fine not exceeding one thousand dollars, or
26 imprisonment not exceeding six months, or both.
27 Nothing in this section contained shall be
28 construed to apply to any person who is authorized
29 to operate a motor vehicle which otherwise is
30 legally equipped under this section.
31 holds a valid amateur radio operator's license
32 issue by the federal communications commission and
33 who operates a duly licensed portable mobile
34 transmitter and in connection therewith a receiver
35 or receiving set on frequencies exclusively
36 allocated by the federal communications commission
37 to duly licensed radio amateurs.
38
39 2. This act shall take effect on the thirtieth
40 day after it shall have become a law.

Matter underscored is new. Matter stricken is old law to be omitted.

THIS BILL SERVES 2 FUNCTIONS

1. IT CLEARLY EXEMPTS AMATEUR RADIO OPERATORS FROM THE PROVISIONS OF THIS LAW, AND

2. IT EXEMPTS PEOPLE WHO ARE AUTHORIZED TO DRIVE A MOTOR VEHICLE (such as family, friends, employees, mechanics, etc.) WHO ARE NOT EXEMPT FROM THE PROVISIONS OF 397.

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