Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1455 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 517 FILED ON: 1/13/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1455
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the tracking of certain electronic devices.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/11/2023Michelle M. DuBois10th Plymouth2/7/2023 1 of 3
16	16	HOUSE DOCKET, NO. 517 FILED ON: 1/13/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1455
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1455) of
19	19	Marjorie C. Decker and Michelle M. DuBois relative to the tracking of certain electronic devices
20	20	using toll collection technology and the inadmissibility of such data in criminal or civil
21	21	proceeding. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 1527 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to the tracking of certain electronic devices.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 13 of chapter 6C of the General Laws, as appearing in the 2020
33	33	2Official Edition, is hereby further amended by adding the following 5 subsections:-
34	34	3 (d) Any technology used for toll collection under this chapter, including radio-frequency
35	35	4identifying transponders, shall not be used to identify the location of any vehicle for purposes
36	36	5other than charging and collecting and, from time to time, fixing and revising tolls for transit
37	37	6under this section.
38	38	7 (e) No data derived from any technology used for toll collection under this chapter,
39	39	8including but not limited to the GPS coordinates, location, date and time, speed of travel,
40	40	9photograph, license plate number or other identifying information regarding any vehicle, shall be 2 of 3
41	41	10shared with or provided to any law enforcement entity or any law enforcement official without a
42	42	11valid warrant issued pursuant to the requirements of sections 2 to 3A, inclusive, of chapter 276.
43	43	12 (f) Any data obtained or accessed in violation of subsection (e) shall be inadmissible in
44	44	13any criminal or civil proceeding; provided, however, that an individual whose rights have been
45	45	14violated by the improper transfer of or access to data derived from any technology used for toll
46	46	15collection under this chapter, may introduce evidence concerning such data in a civil action
47	47	16brought pursuant to subsections (h) or (i) or may grant permission to another party in a civil
48	48	17proceeding to introduce such evidence.
49	49	18 (h) Any aggrieved person may institute a civil action in district or superior court for
50	50	19damages resulting from a violation of subsection (e), or in superior court to restrain any such
51	51	20violation. If in any such action a willful violation is found to have occurred, the violator shall not
52	52	21be entitled to claim any privilege absolute or qualified, and he shall, in addition to any liability
53	53	22for such actual damages as may be shown, be liable for exemplary damages of not less than $100
54	54	23and not more than $1,000 for each violation, together with costs and reasonable attorneys’ fees
55	55	24and disbursements incurred by the person bringing the action.
56	56	25 (i) Any use of data obtained or accessed in violation of subsection (e) of this section shall
57	57	26be a violation of chapter 93A.
58	58	27 (j) Notwithstanding any general or special law to the contrary, a law enforcement entity
59	59	28or official may obtain information described in subsection (e) without a warrant if it reasonably
60	60	29believes that an emergency involving immediate danger of death or serious physical injury to any
61	61	30person requires obtaining without delay information relating to the emergency; provided,
62	62	31however, that the request is narrowly tailored to address the emergency and subject to the 3 of 3
63	63	32following limitations: (i) the request shall document the factual basis for believing that an
64	64	33emergency involving immediate danger of death or serious physical injury to a person requires
65	65	34obtaining without delay of the information relating to the emergency; and (ii) not later than 48
66	66	35hours after the government office obtains access to records, it shall file with the appropriate court
67	67	36a signed, sworn statement of a supervisory official of a rank designated by the head of the office
68	68	37setting forth the grounds for the emergency access.