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2 | 2 | | SENATE DOCKET, NO. 92 FILED ON: 1/7/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1204 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Michael O. Moore |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act updating the Commonwealth's wiretap statutes. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 92 FILED ON: 1/7/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1204 |
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18 | 18 | | By Mr. Moore, a petition (accompanied by bill, Senate, No. 1204) of Michael O. Moore for |
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19 | 19 | | legislation to update the Commonwealth's wiretap statutes. The Judiciary. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1075 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act updating the Commonwealth's wiretap statutes. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Paragraph A of section 99 of chapter 272 of the General Laws, as appearing |
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31 | 31 | | 2in the 2022 Official Edition, is hereby amended by striking out the last paragraph, in lines 21 to |
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32 | 32 | | 327, inclusive, and inserting in place thereof the following 2 paragraphs:- |
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33 | 33 | | 4 The general court further finds that in certain circumstances normal investigative |
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34 | 34 | | 5procedures may not be effective in the investigation of specific illegal acts not associated with |
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35 | 35 | | 6organized crime as described in clause 7 of paragraph B. Therefore, law enforcement officials |
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36 | 36 | | 7may use modern methods of electronic surveillance, under strict judicial supervision, when |
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37 | 37 | | 8investigating those specific crimes. |
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38 | 38 | | 9 The general court further finds that the uncontrolled development and unrestricted use of |
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39 | 39 | | 10modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the 2 of 3 |
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40 | 40 | | 11commonwealth. Therefore, the secret use of such devices by private individuals shall be |
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41 | 41 | | 12prohibited. The use of such devices by law enforcement officials shall be conducted under strict |
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42 | 42 | | 13judicial supervision and shall be limited to the investigation of designated offenses as defined in |
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43 | 43 | | 14clause 7 of paragraph B. |
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44 | 44 | | 15 SECTION 2. Paragraph B of said section 99 of said chapter 272, as so appearing, is |
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45 | 45 | | 16hereby further amended by striking out paragraph 7, in lines 66 to 77, inclusive, and inserting in |
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46 | 46 | | 17place thereof the following paragraph:- |
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47 | 47 | | 18 7. The term “designated offense” shall include (a) the following offenses in connection |
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48 | 48 | | 19with organized crime as defined in the preamble: the illegal use, possession, theft, transfer or |
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49 | 49 | | 20trafficking of one or more firearms, rifles, shotguns, sawed-off shotguns, machine guns, assault |
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50 | 50 | | 21weapons, large capacity weapons, covert weapons as defined by section 121 of chapter 140, or |
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51 | 51 | | 22silencers; any arson; assault and battery with a dangerous weapon; bribery; any felony burglary; |
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52 | 52 | | 23money laundering in violation of chapter 267A; enterprise crime in violation of chapter 271A; |
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53 | 53 | | 24extortion; forgery; gaming in violation of sections 38, 39, 40, 41 and 43 of chapter 23K and |
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54 | 54 | | 25sections 16A and 17 of chapter 271; kidnapping; any felony larceny; lending of money or things |
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55 | 55 | | 26of value in violation of the general laws; perjury; any felony involving prostitution; robbery; |
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56 | 56 | | 27subornation of perjury; any violation of section 13B of chapter 268; any violation of this section; |
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57 | 57 | | 28being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to |
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58 | 58 | | 29commit any of the foregoing offenses; and (b) the following offenses, whether or not in |
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59 | 59 | | 30connection with organized crime, as referenced in paragraph 3 of the preamble: human |
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60 | 60 | | 31trafficking in violation of sections 50 through 53 of chapter 265; illegal trafficking in weapons; |
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61 | 61 | | 32the illegal use or possession of explosives or chemical, radiological or biological weapons; civil 3 of 3 |
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62 | 62 | | 33rights violation causing bodily injury; being an accessory to any of the foregoing offenses; and |
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63 | 63 | | 34conspiracy, attempt or solicitation to commit any of the foregoing offenses. |
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