Bill Text: NY S09174 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the definition of wiretapping by requiring the party recording the conversation to receive the consent of both parties present for the recording to be legal.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-10-10 - REFERRED TO RULES [S09174 Detail]
Download: New_York-2017-S09174-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9174 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 the sender or7receiver] party conducting the recording expressly stating to all other 8 parties present that such party is conducting the recording, by means of 9 any instrument, device or equipment. The normal operation of a telephone 10 or telegraph corporation and the normal use of the services and facili- 11 ties furnished by such corporation pursuant to its tariffs or necessary 12 to protect the rights or property of said corporation shall not be 13 deemed "wiretapping." 14 § 2. This act shall take effect on the thirtieth day after it shall 15 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16515-01-8