Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1266 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 211 FILED ON: 1/9/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1266
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
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 updating the wiretap statutes in the commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 8
16	16	SENATE DOCKET, NO. 211 FILED ON: 1/9/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1266
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1266) of Bruce E. Tarr for legislation
19	19	to update the wiretap statutes in the Commonwealth. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1128 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act updating the wiretap statutes in the commonwealth.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Paragraph A of section 99 of chapter 272 of the General Laws, as appearing
31	31	2in the 2022 Official Edition, is hereby amended by striking out the third subparagraph and
32	32	3inserting in place thereof the following 2 subparagraphs:-
33	33	4 The general court further finds that in certain circumstances normal investigative
34	34	5procedures may not be effective in the investigation of specific illegal acts not associated with
35	35	6organized crime as enumerated in clause (b) of subparagraph 7 of paragraph B of this section.
36	36	7Therefore, law enforcement officials may be permitted to use modern methods of electronic
37	37	8surveillance, under strict judicial supervision, when investigating these specific enumerated
38	38	9crimes. 2 of 8
39	39	10 The general court further finds that the uncontrolled development and unrestricted use of
40	40	11modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the
41	41	12commonwealth. Therefore, the secret use of such devices by private individuals must be
42	42	13prohibited. The use of such devices by law enforcement officials must be conducted under strict
43	43	14judicial supervision and must be limited to the investigation of designated offenses as defined in
44	44	15subparagraph 7 of paragraph B of this section. Because the commonwealth has a substantial
45	45	16interest in the investigation and prosecution of designated offenses committed within its borders,
46	46	17this section shall authorize, under appropriate judicial supervision, the interception of electronic
47	47	18communications between parties located outside the commonwealth, so long as the designated
48	48	19offense under investigation is one over which the commonwealth has jurisdiction, and the
49	49	20listening post is within the commonwealth.
50	50	21 SECTION 2. Paragraph B of said section 99 of said chapter 272, as so appearing, is
51	51	22hereby amended by striking out the first subparagraph and inserting in place thereof the
52	52	23following subparagraph:-
53	53	24 1. The term “wire communication” means any transfer made in whole or in part through
54	54	25the use of facilities which allow for the transmission of communications by the aid of wire,
55	55	26cable, wireless, electronic, digital, radio, electromagnetic, satellite, cellular, optical or other
56	56	27technological means in order to achieve a connection between the point of origin and the point of
57	57	28reception, regardless of whether or not such communication travels in part within a switching
58	58	29station or other facility. The term “wire communication” shall also include: any transfer of
59	59	30signs, signals, writing, images, photographs, videos, texts, sounds, data or intelligence of any
60	60	31nature transmitted in whole or in part by using a cellular telephone, smartphone, personal data
61	61	32assistant or similar device, but shall not include: (i) any communication made through a tone- 3 of 8
62	62	33only paging device; (ii) any communication from a tracking device, defined as an electronic or
63	63	34mechanical device which permits the tracking of the movement of a person or object; or (iii)
64	64	35electronic funds transfer information stored by a financial institution in a communications system
65	65	36used for the electronic storage and transfer of funds.
66	66	37 SECTION 3. Said paragraph B of said section 99 of said chapter 272, as so appearing, is
67	67	38hereby further amended by striking out the third, fourth and fifth subparagraphs and inserting in
68	68	39place thereof the following 3 subparagraphs:-
69	69	40 3. The term “intercepting device” means any device or apparatus which is capable of
70	70	41transmitting, receiving, amplifying, or recording a wire or oral communication other than a
71	71	42hearing aid or similar device which is being used to correct subnormal hearing to normal; and
72	72	43other than any telephone or telegraph instrument, equipment, facility, or a component thereof, (a)
73	73	44furnished to the subscriber or user by a communications common carrier in the ordinary course
74	74	45of business under its tariff and being used by the subscriber or user in the ordinary course of its
75	75	46business; or (b) being used by a communications common carrier in the ordinary course of its
76	76	47business. No body-mounted camera with an audio recording feature shall be considered an
77	77	48intercepting device when such an instrument is worn openly by a uniformed investigative or law
78	78	49enforcement officer or one conspicuously displaying his or her badge of authority or other visible
79	79	50indicator of his or her status as an investigative or law enforcement officer. No vehicle-mounted
80	80	51camera with an audio recording feature shall be considered an intercepting device when it is
81	81	52mounted on a marked law enforcement vehicle, or when such an instrument is used to record a
82	82	53motor vehicle stop or other encounter involving a uniformed law enforcement officer, or one
83	83	54conspicuously displaying his or her badge of authority or other visible indicator of his or her
84	84	55status as a law enforcement officer. 4 of 8
85	85	56 4. The term ''interception'' means to secretly hear, secretly record, or aid another to
86	86	57secretly hear or secretly record the contents of any wire or oral communication through the use
87	87	58of any intercepting device by any person other than a person given prior authority by all parties
88	88	59to such communication; provided that it shall not constitute an interception (a) for an
89	89	60investigative or law enforcement officer to obtain information in real time concerning the
90	90	61existence of a communication and the identity of the parties to a communication, but not the
91	91	62contents of the communication itself, where such action has been specifically authorized by the
92	92	63order of a court of competent jurisdiction pursuant to the procedure prescribed by 18 U.S.C. §
93	93	643123; or (b) for an investigative or law enforcement officer, as defined in this section, to record
94	94	65or transmit a wire or oral communication if the officer is a party to such communication or has
95	95	66been given prior authorization to record or transmit the communication by such a party and if
96	96	67recorded or transmitted in the course of an investigation of a designated offense as defined
97	97	68herein.
98	98	69 5. The term ''contents'', when used with respect to any wire or oral communication,
99	99	70means any information concerning the contents, substance, purport, or meaning of that
100	100	71communication, including any spoken words, visual images or written material.
101	101	72 SECTION 4. Said paragraph B of said section 99 of said chapter 272, as so appearing, is
102	102	73hereby further amended by striking out the seventh subparagraph and inserting in place thereof
103	103	74the following subparagraph:-
104	104	75 7. The term ''designated offense'' shall include (a) the following offenses in connection
105	105	76with organized crime as defined in the preamble: 5 of 8
106	106	77 ; the illegal use, possession, theft, transfer or trafficking of one or more firearms, rifles,
107	107	78shotguns, sawed-off shotguns, machine guns, assault weapons, large capacity weapons, covert
108	108	79weapons as defined by section 121 of chapter 140, or silencers; any arson; assault and battery
109	109	80with a dangerous weapon; bribery; any felony burglary; money laundering in violation of chapter
110	110	81267A; enterprise crime in violation of chapter 271A; extortion; forgery; gaming in violation of
111	111	82sections 38, 39, 40, 41 and 43 of chapter 23K and sections 16A and 17 of chapter 271;
112	112	83kidnapping; any felony larceny; lending of money or things of value in violation of the general
113	113	84laws; perjury; any felony involving prostitution; robbery; subornation of perjury; any violation of
114	114	85section 13B of chapter 268; any violation of sections 29A, 29B and 105 of chapter 272; any
115	115	86violation of this section; being an accessory to any of the foregoing offenses; and conspiracy,
116	116	87attempt or solicitation to commit any of the foregoing offenses; and (b) the following offenses,
117	117	88whether or not in connection with organized crime, as referenced in paragraph 3 of the preamble:
118	118	89any murder or manslaughter, except under section 13 ½ of chapter 265; rape as defined in
119	119	90sections 22, 22A, 22B, 22C, 23, 23A, 23B, 24 and 24B of chapter 265; human trafficking in
120	120	91violation of sections 50 through 53 of chapter 265; any violation of chapter 94C involving the
121	121	92trafficking, manufacture, distribution of, or intent to distribute controlled substances; illegal
122	122	93trafficking in weapons; the illegal use or possession of explosives or chemical, radiological or
123	123	94biological weapons; civil rights violation causing bodily injury; intimidation of a witness or
124	124	95potential witness, or a judge, juror, grand juror, prosecutor, defense attorney, probation officer or
125	125	96parole officer; being an accessory to any of the foregoing offenses; and conspiracy, attempt or
126	126	97solicitation to commit any of the foregoing offenses. 6 of 8
127	127	98 SECTION 5. Paragraph I of said section 99 of said chapter 272, as so appearing, is
128	128	99hereby amended by striking out the second subparagraph and inserting in place thereof the
129	129	100following subparagraph:-
130	130	101 2. The date of issuance, the date of effect, and termination date which in no event shall
131	131	102exceed 40 days from the date of effect. The warrant shall permit interception of oral or wire
132	132	103communications for a period not to exceed 30 days. If physical installation of a device is
133	133	104necessary, the 40 day period shall begin upon the date of installation. If the effective period of
134	134	105the warrant is to terminate upon the acquisition of particular evidence or information or oral or
135	135	106wire communication, the warrant shall so provide; and
136	136	107 SECTION 6. Said paragraph I of said section 99 of said chapter 272, as so appearing, is
137	137	108hereby further amended by striking out the sixth subparagraph and inserting in place thereof the
138	138	109following 3 subparagraphs:-
139	139	110 6. The identity of the agency authorized to intercept the communications, and of the
140	140	111person authorizing the application; and
141	141	112 7. A statement providing for service of the warrant pursuant to paragraph L except that if
142	142	113there has been a finding of good cause shown requiring the postponement of such service, a
143	143	114statement of such finding together with the basis therefor must be included and an alternative
144	144	115direction for deferred service pursuant to paragraph L, subparagraph 2.
145	145	116 8. Every order and extension thereof shall contain a provision that the authorization to
146	146	117intercept shall be executed as soon as practicable, shall be conducted in such a way as to
147	147	118minimize the interception of communications not otherwise subject to interception under this 7 of 8
148	148	119chapter, and must terminate upon attainment of the authorized objective, or in any event in 30
149	149	120days.
150	150	121 SECTION 7. Paragraph J of said section 99 of said chapter 272, as so appearing, is
151	151	122hereby amended by striking out the second subparagraph and inserting in place thereof the
152	152	123following subparagraph:-
153	153	124 2. Upon such application, the judge may issue an order renewing the warrant and
154	154	125extending the authorization for a period not exceeding 30 days from the entry thereof. Such an
155	155	126order shall specify the grounds for the issuance thereof. The application and an attested copy of
156	156	127the order shall be retained by the issuing judge to be transported to the chief justice in
157	157	128accordance with the provisions of paragraph N of this section. In no event shall a renewal be
158	158	129granted which shall terminate later than 2 years following the effective date of the warrant.
159	159	130 SECTION 8. Said section 99 of said chapter 272, as so appearing, is hereby further
160	160	131amended by striking out paragraph K and inserting in place thereof the following paragraph:-
161	161	132 K. Warrants: manner and time of execution
162	162	133 1. A warrant may be executed pursuant to its terms anywhere in the commonwealth, or
163	163	134any other place that facilitates a wire communication to which at least 1 party is within the
164	164	135commonwealth; or which otherwise involves a communication regarding a criminal offense for
165	165	136which criminal jurisdiction would exist in the commonwealth.
166	166	137 2. Such warrant may be executed by the authorized applicant personally or by any
167	167	138investigative or law enforcement officer of the commonwealth designated by him for the
168	168	139purpose, or by any designated individual operating under a contract with the Commonwealth or 8 of 8
169	169	140its subdivisions, acting under the supervision of an investigative or law enforcement officer
170	170	141authorized to execute the warrant.
171	171	142 3. The warrant may be executed according to its terms during the hours specified therein,
172	172	143and for the period therein authorized, or a part thereof. The authorization shall terminate upon
173	173	144the acquisition of the oral or wire communications, evidence or information described in the
174	174	145warrant. Upon termination of the authorization in the warrant and any renewals thereof, the
175	175	146interception must cease at once, and any device installed for the purpose of the interception must
176	176	147be removed as soon thereafter as practicable. Entry upon private premises for the removal of
177	177	148such device is deemed to be authorized by the warrant.
178	178	149 4. In the event the intercepted communication is in a code or foreign language, and an
179	179	150expert in that foreign language or code is not reasonably available during the interception period,
180	180	151minimization may be accomplished as soon as practicable after such interception.
181	181	152 5. Upon request of the applicant, the issuing judge may direct that a provider of wire or
182	182	153electronic communications service, landlord, custodian, or other person shall furnish the
183	183	154applicant forthwith all information, facilities, and technical assistance necessary to accomplish
184	184	155the interception unobtrusively and with a minimum of interference with the services that the
185	185	156person so ordered by the court accords the party whose communications are to be intercepted.
186	186	157Any provider of wire or electronic communications service, landlord, custodian or other person
187	187	158furnishing such facilities or technical assistance shall be compensated therefore by the applicant
188	188	159for reasonable expenses incurred in providing such facilities or assistance."