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SENATE DOCKET, NO. 211 FILED ON: 1/9/2025
SENATE . . . . . . . . . . . . . . No. 1266
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bruce E. Tarr
_________________
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 updating the wiretap statutes in the commonwealth.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 8
SENATE DOCKET, NO. 211 FILED ON: 1/9/2025
SENATE . . . . . . . . . . . . . . No. 1266
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1266) of Bruce E. Tarr for legislation
to update the wiretap statutes in the Commonwealth. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1128 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act updating the wiretap statutes in the commonwealth.
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 A of section 99 of chapter 272 of the General Laws, as appearing
2in the 2022 Official Edition, is hereby amended by striking out the third subparagraph and
3inserting in place thereof the following 2 subparagraphs:-
4 The general court further finds that in certain circumstances normal investigative
5procedures may not be effective in the investigation of specific illegal acts not associated with
6organized crime as enumerated in clause (b) of subparagraph 7 of paragraph B of this section.
7Therefore, law enforcement officials may be permitted to use modern methods of electronic
8surveillance, under strict judicial supervision, when investigating these specific enumerated
9crimes. 2 of 8
10 The general court further finds that the uncontrolled development and unrestricted use of
11modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the
12commonwealth. Therefore, the secret use of such devices by private individuals must be
13prohibited. The use of such devices by law enforcement officials must be conducted under strict
14judicial supervision and must be limited to the investigation of designated offenses as defined in
15subparagraph 7 of paragraph B of this section. Because the commonwealth has a substantial
16interest in the investigation and prosecution of designated offenses committed within its borders,
17this section shall authorize, under appropriate judicial supervision, the interception of electronic
18communications between parties located outside the commonwealth, so long as the designated
19offense under investigation is one over which the commonwealth has jurisdiction, and the
20listening post is within the commonwealth.
21 SECTION 2. Paragraph B of said section 99 of said chapter 272, as so appearing, is
22hereby amended by striking out the first subparagraph and inserting in place thereof the
23following subparagraph:-
24 1. The term “wire communication” means any transfer made in whole or in part through
25the use of facilities which allow for the transmission of communications by the aid of wire,
26cable, wireless, electronic, digital, radio, electromagnetic, satellite, cellular, optical or other
27technological means in order to achieve a connection between the point of origin and the point of
28reception, regardless of whether or not such communication travels in part within a switching
29station or other facility. The term “wire communication” shall also include: any transfer of
30signs, signals, writing, images, photographs, videos, texts, sounds, data or intelligence of any
31nature transmitted in whole or in part by using a cellular telephone, smartphone, personal data
32assistant or similar device, but shall not include: (i) any communication made through a tone- 3 of 8
33only paging device; (ii) any communication from a tracking device, defined as an electronic or
34mechanical device which permits the tracking of the movement of a person or object; or (iii)
35electronic funds transfer information stored by a financial institution in a communications system
36used for the electronic storage and transfer of funds.
37 SECTION 3. Said paragraph B of said section 99 of said chapter 272, as so appearing, is
38hereby further amended by striking out the third, fourth and fifth subparagraphs and inserting in
39place thereof the following 3 subparagraphs:-
40 3. The term “intercepting device” means any device or apparatus which is capable of
41transmitting, receiving, amplifying, or recording a wire or oral communication other than a
42hearing aid or similar device which is being used to correct subnormal hearing to normal; and
43other than any telephone or telegraph instrument, equipment, facility, or a component thereof, (a)
44furnished to the subscriber or user by a communications common carrier in the ordinary course
45of business under its tariff and being used by the subscriber or user in the ordinary course of its
46business; or (b) being used by a communications common carrier in the ordinary course of its
47business. No body-mounted camera with an audio recording feature shall be considered an
48intercepting device when such an instrument is worn openly by a uniformed investigative or law
49enforcement officer or one conspicuously displaying his or her badge of authority or other visible
50indicator of his or her status as an investigative or law enforcement officer. No vehicle-mounted
51camera with an audio recording feature shall be considered an intercepting device when it is
52mounted on a marked law enforcement vehicle, or when such an instrument is used to record a
53motor vehicle stop or other encounter involving a uniformed law enforcement officer, or one
54conspicuously displaying his or her badge of authority or other visible indicator of his or her
55status as a law enforcement officer. 4 of 8
56 4. The term ''interception'' means to secretly hear, secretly record, or aid another to
57secretly hear or secretly record the contents of any wire or oral communication through the use
58of any intercepting device by any person other than a person given prior authority by all parties
59to such communication; provided that it shall not constitute an interception (a) for an
60investigative or law enforcement officer to obtain information in real time concerning the
61existence of a communication and the identity of the parties to a communication, but not the
62contents of the communication itself, where such action has been specifically authorized by the
63order of a court of competent jurisdiction pursuant to the procedure prescribed by 18 U.S.C. §
643123; or (b) for an investigative or law enforcement officer, as defined in this section, to record
65or transmit a wire or oral communication if the officer is a party to such communication or has
66been given prior authorization to record or transmit the communication by such a party and if
67recorded or transmitted in the course of an investigation of a designated offense as defined
68herein.
69 5. The term ''contents'', when used with respect to any wire or oral communication,
70means any information concerning the contents, substance, purport, or meaning of that
71communication, including any spoken words, visual images or written material.
72 SECTION 4. Said paragraph B of said section 99 of said chapter 272, as so appearing, is
73hereby further amended by striking out the seventh subparagraph and inserting in place thereof
74the following subparagraph:-
75 7. The term ''designated offense'' shall include (a) the following offenses in connection
76with organized crime as defined in the preamble: 5 of 8
77 ; the illegal use, possession, theft, transfer or trafficking of one or more firearms, rifles,
78shotguns, sawed-off shotguns, machine guns, assault weapons, large capacity weapons, covert
79weapons as defined by section 121 of chapter 140, or silencers; any arson; assault and battery
80with a dangerous weapon; bribery; any felony burglary; money laundering in violation of chapter
81267A; enterprise crime in violation of chapter 271A; extortion; forgery; gaming in violation of
82sections 38, 39, 40, 41 and 43 of chapter 23K and sections 16A and 17 of chapter 271;
83kidnapping; any felony larceny; lending of money or things of value in violation of the general
84laws; perjury; any felony involving prostitution; robbery; subornation of perjury; any violation of
85section 13B of chapter 268; any violation of sections 29A, 29B and 105 of chapter 272; any
86violation of this section; being an accessory to any of the foregoing offenses; and conspiracy,
87attempt or solicitation to commit any of the foregoing offenses; and (b) the following offenses,
88whether or not in connection with organized crime, as referenced in paragraph 3 of the preamble:
89any murder or manslaughter, except under section 13 ½ of chapter 265; rape as defined in
90sections 22, 22A, 22B, 22C, 23, 23A, 23B, 24 and 24B of chapter 265; human trafficking in
91violation of sections 50 through 53 of chapter 265; any violation of chapter 94C involving the
92trafficking, manufacture, distribution of, or intent to distribute controlled substances; illegal
93trafficking in weapons; the illegal use or possession of explosives or chemical, radiological or
94biological weapons; civil rights violation causing bodily injury; intimidation of a witness or
95potential witness, or a judge, juror, grand juror, prosecutor, defense attorney, probation officer or
96parole officer; being an accessory to any of the foregoing offenses; and conspiracy, attempt or
97solicitation to commit any of the foregoing offenses. 6 of 8
98 SECTION 5. Paragraph I of said section 99 of said chapter 272, as so appearing, is
99hereby amended by striking out the second subparagraph and inserting in place thereof the
100following subparagraph:-
101 2. The date of issuance, the date of effect, and termination date which in no event shall
102exceed 40 days from the date of effect. The warrant shall permit interception of oral or wire
103communications for a period not to exceed 30 days. If physical installation of a device is
104necessary, the 40 day period shall begin upon the date of installation. If the effective period of
105the warrant is to terminate upon the acquisition of particular evidence or information or oral or
106wire communication, the warrant shall so provide; and
107 SECTION 6. Said paragraph I of said section 99 of said chapter 272, as so appearing, is
108hereby further amended by striking out the sixth subparagraph and inserting in place thereof the
109following 3 subparagraphs:-
110 6. The identity of the agency authorized to intercept the communications, and of the
111person authorizing the application; and
112 7. A statement providing for service of the warrant pursuant to paragraph L except that if
113there has been a finding of good cause shown requiring the postponement of such service, a
114statement of such finding together with the basis therefor must be included and an alternative
115direction for deferred service pursuant to paragraph L, subparagraph 2.
116 8. Every order and extension thereof shall contain a provision that the authorization to
117intercept shall be executed as soon as practicable, shall be conducted in such a way as to
118minimize the interception of communications not otherwise subject to interception under this 7 of 8
119chapter, and must terminate upon attainment of the authorized objective, or in any event in 30
120days.
121 SECTION 7. Paragraph J of said section 99 of said chapter 272, as so appearing, is
122hereby amended by striking out the second subparagraph and inserting in place thereof the
123following subparagraph:-
124 2. Upon such application, the judge may issue an order renewing the warrant and
125extending the authorization for a period not exceeding 30 days from the entry thereof. Such an
126order shall specify the grounds for the issuance thereof. The application and an attested copy of
127the order shall be retained by the issuing judge to be transported to the chief justice in
128accordance with the provisions of paragraph N of this section. In no event shall a renewal be
129granted which shall terminate later than 2 years following the effective date of the warrant.
130 SECTION 8. Said section 99 of said chapter 272, as so appearing, is hereby further
131amended by striking out paragraph K and inserting in place thereof the following paragraph:-
132 K. Warrants: manner and time of execution
133 1. A warrant may be executed pursuant to its terms anywhere in the commonwealth, or
134any other place that facilitates a wire communication to which at least 1 party is within the
135commonwealth; or which otherwise involves a communication regarding a criminal offense for
136which criminal jurisdiction would exist in the commonwealth.
137 2. Such warrant may be executed by the authorized applicant personally or by any
138investigative or law enforcement officer of the commonwealth designated by him for the
139purpose, or by any designated individual operating under a contract with the Commonwealth or 8 of 8
140its subdivisions, acting under the supervision of an investigative or law enforcement officer
141authorized to execute the warrant.
142 3. The warrant may be executed according to its terms during the hours specified therein,
143and for the period therein authorized, or a part thereof. The authorization shall terminate upon
144the acquisition of the oral or wire communications, evidence or information described in the
145warrant. Upon termination of the authorization in the warrant and any renewals thereof, the
146interception must cease at once, and any device installed for the purpose of the interception must
147be removed as soon thereafter as practicable. Entry upon private premises for the removal of
148such device is deemed to be authorized by the warrant.
149 4. In the event the intercepted communication is in a code or foreign language, and an
150expert in that foreign language or code is not reasonably available during the interception period,
151minimization may be accomplished as soon as practicable after such interception.
152 5. Upon request of the applicant, the issuing judge may direct that a provider of wire or
153electronic communications service, landlord, custodian, or other person shall furnish the
154applicant forthwith all information, facilities, and technical assistance necessary to accomplish
155the interception unobtrusively and with a minimum of interference with the services that the
156person so ordered by the court accords the party whose communications are to be intercepted.
157Any provider of wire or electronic communications service, landlord, custodian or other person
158furnishing such facilities or technical assistance shall be compensated therefore by the applicant
159for reasonable expenses incurred in providing such facilities or assistance."