 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4225
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 6, 2023
                                       ___________
 
        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:

     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.
                                                                   LBD08785-01-3
Relates to the definition of wiretapping

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