Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H1672 Introduced / Bill

Filed 02/16/2023

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HOUSE DOCKET, NO. 301       FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 1672
The Commonwealth of Massachusetts
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PRESENTED BY:
Joseph D. McKenna
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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 to ensure backyard privacy.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/11/2023Michael J. Soter8th Worcester2/15/2023 1 of 2
HOUSE DOCKET, NO. 301       FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 1672
By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 1672) of 
Joseph D. McKenna and Michael J. Soter relative to the videotaping or taking of moving digital 
images of activities in the backyard of certain adjoining residential properties. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1783 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 to ensure backyard privacy.
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. 
2 MGL Chapter 272 is amended by adding the following new section:
3 SECTION XX:
4 Section 1. Any owner or tenant of residential real property shall have a private right of 
5action for damages against any person who installs or affixes a video imaging device on property 
6adjoining such residential real property for the purpose of video taping or taking moving digital 
7images of the activities which occur in the backyard of the residential real property without the 
8written consent thereto of such owner and/or tenant with intent to harass, annoy, or alarm another 
9person, or with intent to threaten the person or property of another person. The provisions of this  2 of 2
10section shall not apply to any law enforcement personnel engaged in the conduct of their 
11authorized duties.
12 Section 2. For the purposes of this section , “backyard” shall mean that portion of the 
13parcel on which residential real property is located which extends beyond the rear footprint of 
14the residential dwelling situated thereon, and to the side and rear boundaries of such parcel 
15extending beyond the rear footprint of such residential dwelling.