Bill Text: NY S04198 | 2017-2018 | General Assembly | Introduced

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Bill Title: Expands the definition of "electronic communication".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S04198 Detail]

Download: New_York-2017-S04198-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4198
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 6, 2017
                                       ___________
        Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to expanding  the  definition
          of "electronic communication"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of  section  250.00  of  the  penal  law,  as
     2  amended  by  chapter  744  of  the  laws  of 1988, is amended to read as
     3  follows:
     4    5. "Electronic communication" means any transfer  of  signs,  signals,
     5  writing,  images, sounds, data, or intelligence of any nature, including
     6  data regarding the time,  duration  and  location  of  any  such  signs,
     7  signals, writing, images or sounds, transmitted in whole or in part by a
     8  wire,  radio,  electromagnetic, photoelectronic or photo-optical system,
     9  but does not include:
    10    (a) any telephonic or telegraphic communication; or
    11    (b) any communication made through a tone only paging device; or
    12    (c) any communication made through a tracking device consisting of  an
    13  electronic  or mechanical device which permits the tracking of the move-
    14  ment of a person or object; or
    15    (d) any communication that is disseminated by  the  sender  through  a
    16  method  of transmission that is configured so that such communication is
    17  readily accessible to the general public.
    18    § 2. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07632-01-7