HOUSE DOCKET, NO. 4179        FILED ON: 10/2/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Josh S. Cutler

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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 relative to criminal electronic surveillance.

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PETITION OF:

 

Name:

District/Address:

Date Added:

Josh S. Cutler

6th Plymouth

10/2/2015


HOUSE DOCKET, NO. 4179        FILED ON: 10/2/2015

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By Mr. Cutler of Duxbury, a petition (subject to Joint Rule 12) of Josh S. Cutler relative to the electronic surveillance of persons in private settings.  The Judiciary.

 

The Commonwealth of Massachusetts

 

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to criminal electronic surveillance.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 272 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following section:-

Section 106. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-

“Electronically surveil”, to view, obtain or record a person's visual image by the use or aid of a camera, cellular or other wireless communication device, computer, television or other electronic device.

(b) Whoever willfully photographs, videotapes or electronically surveils another person: (i) while such other person is in a private residence, on private property or in another such place and circumstance in which he or she has a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled; (ii) with the intent to harass, frighten or torment; and (iii) without that person's knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more than $5,000, or by both such fine and imprisonment.