Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1204 Compare Versions

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22 SENATE DOCKET, NO. 92 FILED ON: 1/7/2025
33 SENATE . . . . . . . . . . . . . . No. 1204
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Michael O. Moore
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act updating the Commonwealth's wiretap statutes.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 3
1616 SENATE DOCKET, NO. 92 FILED ON: 1/7/2025
1717 SENATE . . . . . . . . . . . . . . No. 1204
1818 By Mr. Moore, a petition (accompanied by bill, Senate, No. 1204) of Michael O. Moore for
1919 legislation to update the Commonwealth's wiretap statutes. The Judiciary.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 1075 OF 2023-2024.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act updating the Commonwealth's wiretap statutes.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Paragraph A of section 99 of chapter 272 of the General Laws, as appearing
3131 2in the 2022 Official Edition, is hereby amended by striking out the last paragraph, in lines 21 to
3232 327, inclusive, and inserting in place thereof the following 2 paragraphs:-
3333 4 The general court further finds that in certain circumstances normal investigative
3434 5procedures may not be effective in the investigation of specific illegal acts not associated with
3535 6organized crime as described in clause 7 of paragraph B. Therefore, law enforcement officials
3636 7may use modern methods of electronic surveillance, under strict judicial supervision, when
3737 8investigating those specific crimes.
3838 9 The general court further finds that the uncontrolled development and unrestricted use of
3939 10modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the 2 of 3
4040 11commonwealth. Therefore, the secret use of such devices by private individuals shall be
4141 12prohibited. The use of such devices by law enforcement officials shall be conducted under strict
4242 13judicial supervision and shall be limited to the investigation of designated offenses as defined in
4343 14clause 7 of paragraph B.
4444 15 SECTION 2. Paragraph B of said section 99 of said chapter 272, as so appearing, is
4545 16hereby further amended by striking out paragraph 7, in lines 66 to 77, inclusive, and inserting in
4646 17place thereof the following paragraph:-
4747 18 7. The term “designated offense” shall include (a) the following offenses in connection
4848 19with organized crime as defined in the preamble: the illegal use, possession, theft, transfer or
4949 20trafficking of one or more firearms, rifles, shotguns, sawed-off shotguns, machine guns, assault
5050 21weapons, large capacity weapons, covert weapons as defined by section 121 of chapter 140, or
5151 22silencers; any arson; assault and battery with a dangerous weapon; bribery; any felony burglary;
5252 23money laundering in violation of chapter 267A; enterprise crime in violation of chapter 271A;
5353 24extortion; forgery; gaming in violation of sections 38, 39, 40, 41 and 43 of chapter 23K and
5454 25sections 16A and 17 of chapter 271; kidnapping; any felony larceny; lending of money or things
5555 26of value in violation of the general laws; perjury; any felony involving prostitution; robbery;
5656 27subornation of perjury; any violation of section 13B of chapter 268; any violation of this section;
5757 28being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to
5858 29commit any of the foregoing offenses; and (b) the following offenses, whether or not in
5959 30connection with organized crime, as referenced in paragraph 3 of the preamble: human
6060 31trafficking in violation of sections 50 through 53 of chapter 265; illegal trafficking in weapons;
6161 32the illegal use or possession of explosives or chemical, radiological or biological weapons; civil 3 of 3
6262 33rights violation causing bodily injury; being an accessory to any of the foregoing offenses; and
6363 34conspiracy, attempt or solicitation to commit any of the foregoing offenses.