SENATE DOCKET, NO. 370        FILED ON: 1/14/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 941

The Commonwealth of Massachusetts

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PRESENTED BY:

James E. Timilty

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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 to assist the investigation of serious crimes.

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PETITION OF:

SENATE DOCKET, NO. 370        FILED ON: 1/14/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 941

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 to assist the investigation of serious crimes.

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

Section 99 of chapter 272 of the General Laws, as appearing in 2012 Official Edition, is hereby amended in section B.1 by striking out the definition of “wire communication” and inserting in place thereof the following definition:-

1.  The term “transmitted communication” means any communication made in whole or in part through (i) the use of facilities which allow for the transmission of communications or (ii) the aid of wire, cable, wireless, electronic, digital, radio, electromagnetic, satellite, cellular, optical, or other like technological means in order to achieve a connection between a point of origin and a point of reception, regardless of whether or not such communication travels in part within a switching station or other like facility.  The term “transmitted communication” shall also include:  any transfer of signs, signals, writing, images, photographs, videos, texts, sounds, data, or intelligence of any nature transmitted in whole or in part by using a cellular telephone, Smartphone, personal data assistant or similar devices, but shall not include: (i) any communication made through a tone-only paging device; (ii) any communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of movement of a person or object; or (iii) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.

Section 99 of chapter 272 of the General Laws, as appearing in 2012 Official Edition, is hereby further amended to add, at line 75, to section B.7, the following definition:-

The term “designated offense” shall also include, whether or not in connection with organized crime, (i) any homicide; (ii) any crime that involves the use, attempted use, or threatened use of force; (iii) any violation of the laws relating to controlled substances, as defined in chapter 94C; (iv) any crime that involves the use, sale, purchase, delivery, transport, or licensing of firearms; (v) being an accessory to any of the offenses described in this sentence and conspiracy or attempt or solicitation to commit any of the offenses describes in this sentence.