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