BILL NUMBER: S5077
SPONSOR: GRIFFO
 
TITLE OF BILL:
An act to amend the penal law, in relation to the definition of wiretap-
ping
 
PURPOSE:
The purpose of this bill is to require that anytime a recording device
is used during a conversation or incident, where there is a reasonable
expectation of privacy. that all parties consent to the recording of
such conversation or incident.
 
SUMMARY OF PROVISIONS:
1. Section 1 changes the definition of "wiretapping" under section
250.00 of the penal law to require that all persons involved in a
conversation consent to the recording of that conversation or incident.
2. Section 2 marks the effective date.
 
JUSTIFICATION:
New York State is a one-party consent state when it comes to the record-
ing of conversations or incidents where a reasonable expectation of
privacy is assumed. Given that we are in the 21st century and we now
live in a society where every individual has access to a recording
device of some kind, it is important that we update our laws to protect
the privacy of all individuals in settings where that privacy should be
expected and respected. This bill would change the law to reflect that
all parties present in such instances need to consent to a recording,
otherwise the individual(s) performing the recording will be in
violation of the law.
 
LEGISLATIVE HISTORY:
2023-24-S.4221 Codes Committee 2018- S. 9173 - Rules Committee
2019-20 - S. 3975 - Codes Committee
2021-22- S. 3831 - Codes Committee
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

Statutes affected:
S5077: 250.00 penal law, 250.00(1) penal law