Bill Text: NY A06863 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to the crime of eavesdropping; allows a parent or guardian to intercept certain communications by his or her child.

Spectrum: Partisan Bill (Republican 22-1)

Status: (Introduced - Dead) 2010-05-18 - held for consideration in codes [A06863 Detail]

Download: New_York-2009-A06863-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6863
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 13, 2009
                                      ___________
       Introduced by M. of A. SCOZZAFAVA, McDONOUGH -- Multi-Sponsored by -- M.
         of  A.  ALFANO,  BACALLES,  BARCLAY,  BURLING, CALHOUN, CONTE, ERRIGO,
         FINCH, FITZPATRICK, GIGLIO, HAYES, KOLB, MILLER, OAKS, O'MARA,  QUINN,
         RABBITT, RAIA, SALADINO, SAYWARD, TEDISCO, THIELE, WALKER -- read once
         and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to the crime of eavesdropping
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 250.05 of the penal law, as amended by chapter  744
    2  of the laws of 1988, is amended to read as follows:
    3  S 250.05 Eavesdropping.
    4    A  person is guilty of eavesdropping when he OR SHE unlawfully engages
    5  in wiretapping, mechanical overhearing of a conversation, or  intercept-
    6  ing or accessing of an electronic communication, EXCEPT WHEN A PARENT OR
    7  LEGAL  GUARDIAN  IS INTERCEPTING A COMMUNICATION BETWEEN THE CHILD AND A
    8  FAMILY MEMBER OR ANY THIRD PARTY, WHERE THE  PARENT  OR  LEGAL  GUARDIAN
    9  SUSPECTS THAT THE CHILD IS INVOLVED IN AN ILLEGAL SEXUAL RELATIONSHIP OR
   10  THE  SUBJECT OF AN ATTEMPTED LURING, AND THE BASIS FOR INTERCEPTING SUCH
   11  COMMUNICATION IS MOTIVATED BY GOOD FAITH CONCERN BY THE PARENT OR  LEGAL
   12  GUARDIAN FOR THE CHILD'S WELFARE AND/OR SAFETY.
   13    Eavesdropping is a class E felony.
   14    S  2.  This  act shall take effect on the ninetieth 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.
                                                                  LBD08555-01-9