Bill Text: NY S09173 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 9173 (Prior Session Legislation)

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 - Dead) 2018-10-10 - REFERRED TO RULES [S09173 Detail]

Download: New_York-2017-S09173-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          9173
                    IN SENATE
                                    October 10, 2018
                                       ___________
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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.
                                                                   LBD16514-01-8