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Senate Bill S5070

2025-2026 Legislative Session

Relates to the definition of wiretapping

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Current Bill Status - In Senate Committee Codes Committee

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2025-S5070 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §250.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S9174
2019-2020: S3974
2021-2022: S3832
2023-2024: S4225

2025-S5070 (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.

2025-S5070 (ACTIVE) - Sponsor Memo

2025-S5070 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5070
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 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:

   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.
                                                            LBD08584-01-5

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