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.
STATE OF NEW YORK
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9174
IN SENATE
October 10, 2018
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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 or
7 receiver] 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
