Bill Text: NY A04329 | 2015-2016 | General Assembly | Introduced

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Bill Title: Expands the definition of "electronic communication".

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A04329 Detail]

Download: New_York-2015-A04329-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4329
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2015
                                      ___________
       Introduced  by  M.  of  A.  SEPULVEDA, GOTTFRIED, CLARK, GRAF, CRESPO --
         Multi-Sponsored by -- M.  of A. RIVERA -- read once  and  referred  to
         the Committee on Codes
       AN  ACT  to amend the penal law, in relation to expanding the definition
         of "electronic communication"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  5  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    5.  "Electronic  communication"  means any transfer of signs, signals,
    5  writing, images, sounds, data, or intelligence of any nature,  INCLUDING
    6  DATA  REGARDING  THE  TIME,  DURATION  AND  LOCATION  OF ANY SUCH SIGNS,
    7  SIGNALS, WRITING, IMAGES OR SOUNDS, transmitted in whole or in part by a
    8  wire, radio, electromagnetic, photoelectronic or  photo-optical  system,
    9  but does not include:
   10    (a) any telephonic or telegraphic communication; or
   11    (b) any communication made through a tone only paging device; or
   12    (c)  any communication made through a tracking device consisting of an
   13  electronic or mechanical device which permits the tracking of the  move-
   14  ment of a person or object; or
   15    (d)  any  communication  that  is disseminated by the sender through a
   16  method of transmission that is configured so that such communication  is
   17  readily accessible to the general public.
   18    S 2. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06411-01-5