TO AMEND THE PENAL LAW AND THE
VEHICLE AND TRAFFIC LAW IN RELATION TO RADIO DEVICES USED
IN CRIMES
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REPEALED.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.
Stricken is old law to be
omitted.
TO AMEND THE VEHICLE AND TRAFFIC LAW,
IN RELATION TO EQUIPPING RADIO DEVICES IN MOTOR
VEHICLES
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.stricken is old law to be
omitted.