senate Bill S9174

2017-2018 Legislative Session

Relates to the definition of wiretapping

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 10, 2018 referred to rules

S9174 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §250.00, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S3974
2021-2022: S3832

S9174 (ACTIVE) - Summary

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.

S9174 (ACTIVE) - Sponsor Memo

S9174 (ACTIVE) - Bill Text download pdf 


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9174

                            I N  S E N A T E

                            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:

  Section  1.  Subdivision  1  of  section  250.00  of the penal law, as
amended by chapter 744 of the laws  of  1988,  is  amended  to  read  as
follows:
  1.  "Wiretapping"  means the intentional overhearing or recording of a
telephonic or telegraphic communication by a person other than a  sender
or  receiver  thereof,  without  the  [consent  of  either the sender or
receiver] PARTY CONDUCTING THE RECORDING EXPRESSLY STATING TO ALL  OTHER
PARTIES PRESENT THAT SUCH PARTY IS CONDUCTING THE RECORDING, by means of
any instrument, device or equipment. The normal operation of a telephone
or  telegraph corporation and the normal use of the services and facili-
ties furnished by such corporation pursuant to its tariffs or  necessary
to  protect  the  rights  or  property  of said corporation shall not be
deemed "wiretapping."
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16515-01-8

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