Bill Text: NY S04221 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to the definition of wiretapping by requiring the consent of both the sender and receiver for the recording to be legal.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04221 Detail]

Download: New_York-2023-S04221-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4221

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 6, 2023
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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 the definition of wiretap-
          ping

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

     1    Section  1.  Subdivision  1  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    1.  "Wiretapping"  means the intentional overhearing or recording of a
     5  telephonic or telegraphic communication by a person other than a  sender
     6  or  receiver  thereof,  without  the consent of [either] both the sender
     7  [or] and receiver, by means of any instrument, device or equipment.  The
     8  normal  operation of a telephone or telegraph corporation and the normal
     9  use of the services and facilities furnished by such corporation  pursu-
    10  ant  to  its  tariffs  or necessary to protect the rights or property of
    11  said corporation shall not be deemed "wiretapping."
    12    § 2. This act shall take effect on the thirtieth day  after  it  shall
    13  have become a law.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03130-01-3
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