Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H73 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. 2683 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 73
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christopher M. Markey
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 interception of wire and oral communications.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher M. Markey9th Bristol1/19/2023 1 of 4
16	16	HOUSE DOCKET, NO. 2683 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 73
18	18	By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 73) of
19	19	Christopher M. Markey relative to the interception of wire and oral communications. Advanced
20	20	Information Technology, the Internet and Cybersecurity.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 129 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the interception of wire and oral communications.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Subsection A of section 99 of Chapter 272 of the General Laws, as
32	32	2appearing in the 2020 Official Edition, is hereby amended by striking out, in line 26, the word
33	33	3“crime” and inserting in place thereof the following words:- crime, unless otherwise proscribed
34	34	4by the following paragraph.
35	35	5 SECTION 2. Said subsection A of section 99 of Chapter 272 of the General Laws, as so
36	36	6appearing, is hereby further amended by inserting after the third paragraph the following
37	37	7paragraph:-
38	38	8 The general court further finds that within the commonwealth there has been an increase
39	39	9in violence, with and without weapons, that has taken the lives of many. Such acts are not the 2 of 4
40	40	10product of highly organized and disciplined groups. Rather, these acts are conducted by small,
41	41	11undisciplined groups of individuals with loose affiliation who use modern technology to plan,
42	42	12perform and conceal these violent acts. However, the general court finds that curtailing and
43	43	13eliminating such violent acts, and holding these groups and individuals responsible for such acts,
44	44	14requires the use of modern electronic surveillance devices. Therefore, the general court finds that
45	45	15the use of such devices by law enforcement officials, as it relates to investigations of violent
46	46	16offenses, must be conducted under strict judicial supervision and without the need to prove that a
47	47	17highly organized and disciplined group committed such violent acts.
48	48	18 SECTION 3. Subsection B of section 99 of Chapter 272, as so appearing, is hereby
49	49	19amended by striking out, in line 65, the words “designated offense” and inserting in place thereof
50	50	20the following words:- designated organized crime offense.
51	51	21 SECTION 4. Said subsection B of Section 99 of Chapter 272, as so appearing, is hereby
52	52	22further amended by striking out, in line 72, the words “narcotic or harmful drug” and inserting in
53	53	23place thereof the following words:- narcotic, harmful drug or firearm.
54	54	24 SECTION 5. Said subsection B of Section 99 of Chapter 272, as so appearing, is hereby
55	55	25further amended by inserting after paragraph 7, the following paragraph:-
56	56	26 7A. The term “designated violent offense” shall include the following violent offenses in
57	57	27connection with violent crime as described in the preamble: sections one, thirteen, fifteen, fifteen
58	58	28A, sixteen, eighteen A, eighteen B, eighteen C, of chapter two hundred and sixty five of the
59	59	29general laws.
60	60	30 SECTION 6. Subsection E of Section 99 of Chapter 272, as so appearing, is hereby
61	61	31amended by striking out, in lines 254 and 258, the words “designated offense” and inserting in 3 of 4
62	62	32place thereof the following words:- designated organized crime offense or designated violent
63	63	33offense.
64	64	34 SECTION 7. Said subsection E of Section 99 of Chapter 272, as so appearing, is hereby
65	65	35further amended by striking out paragraph 3, and inserting in place thereof the following
66	66	36paragraph:-
67	67	37 3. For purposes of a designated organized crime offense, the applicant shall make a
68	68	38showing that normal investigative procedures have been tried and have failed or reasonably
69	69	39appear unlikely to succeed if tried. Such requirement shall not be deemed required for purposes
70	70	40of a designated violent offense.
71	71	41 SECTION 8. Subsection F of section 99 of Chapter 272, as so appearing, is hereby
72	72	42amended by striking out, in lines 273, 277 and 279, the words “designated offense” and inserting
73	73	43in place thereof the following words:- designated organized crime offense or designated violent
74	74	44offense.
75	75	45 SECTION 9. Subsection I of Section 99 of Chapter 272, as so appearing, is hereby
76	76	46amended by striking out, in line 367, the words “designated offense” and inserting in place
77	77	47thereof the following words:- designated organized crime offense or designated violent offense.
78	78	48 SECTION 10. Subsection N of Section 99 of Chapter 272, as so appearing, is hereby
79	79	49amended by striking out, in lines 501-502, the words “designated offense” and inserting in place
80	80	50thereof the following words:- designated organized crime offense or designated violent offense.
81	81	51 SECTION 11. Subsection R of Section 99 of Chapter 272, as so appearing, is hereby
82	82	52amended by striking out, in line 587, the words “designated offenses” and inserting in place 4 of 4
83	83	53thereof the following words:- designated organized crime offenses or designated violent
84	84	54offenses.