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SENATE DOCKET, NO. 1973 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1093
The Commonwealth of Massachusetts
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PRESENTED BY:
Patrick M. O'Connor
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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 providing a defense to prosecution for violations of the wiretap law for interceptions
made to make a record of threats, harassment or other crimes.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and NorfolkAngelo J. Puppolo, Jr.12th Hampden1/23/2023 1 of 2
SENATE DOCKET, NO. 1973 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1093
By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1093) of Patrick M. O'Connor
and Angelo J. Puppolo, Jr. for legislation to provide a defense to prosecution for violations of the
wiretap law for interceptions made to make a record of threats, harassment or other crimes. The
Judiciary.
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 providing a defense to prosecution for violations of the wiretap law for interceptions
made to make a record of threats, harassment or other crimes.
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. Paragraph D of said section 99 of said chapter 272, as so appearing, is
2hereby amended by the insertion of the following language as subparagraph (1) (g): for any
3person to commit and interception, attempt to commit an interception or procure another to
4commit or attempt an interception, or to aid and abet or jointly commit or attempt to commit or
5procure an interception of any communication made by another to the person making the
6interception in circumstances under which the interception is made in order to make a record of
7threats, harassment, or other crimes in relation to divorce or child custody matters or in relation
8to orders issued under Chapter 209A or 258E.
9 SECTION 2. Paragraph D of said section 99 of said chapter 272 as so appearing, is
10hereby amended by insertion of the following language as subparagraph (2) (f) Any person who
11has committed an interception of any communication made by another in circumstances under 2 of 2
12which the interception is made to make a record of threats, harassment, or other crimes in
13relation to divorce or custody matters or in relation to orders issued under Chapter 209A or 258E
14may disclose said recording.
15 SECTION 3. Paragraph D of said section 99 of said chapter 272, as so appearing, is
16hereby amended by the insertion of the following language as subparagraph (2) (g) Any person
17who has committed an interception of any communication made by another in circumstances
18under which the interception is made in order to make a record of threats, harassment, or other
19crimes in relation to divorce or child custody matters, or in relation to orders issued under
20Chapter 209A or 258E bears the burden of proof, in a prosecution for such interception, or
21attempt, or procurement of such interception, or for disclosure of such interception, to
22demonstrate by a preponderance of the evidence that said conduct was exempt or permitted
23under this section.