SECTION 1. Paragraph D of said section 99 of said chapter 272, as so appearing, is hereby amended by the insertion of the following language as subparagraph (1) (g): for any person to commit and interception, attempt to commit an interception or procure another to commit or attempt an interception, or to aid and abet or jointly commit or attempt to commit or procure an interception of any communication made by another to the person making the interception in circumstances under which the interception is made in order to make a record of threats, harassment, or other crimes in relation to divorce or child custody matters or in relation to orders issued under Chapter 209A or 258E.

SECTION 2. Paragraph D of said section 99 of said chapter 272 as so appearing, is hereby amended by insertion of the following language as subparagraph (2) (f) Any person who has committed an interception of any communication made by another in circumstances under which the interception is made to make a record of threats, harassment, or other crimes in relation to divorce or custody matters or in relation to orders issued under Chapter 209A or 258E may disclose said recording.

SECTION 3. Paragraph D of said section 99 of said chapter 272, as so appearing, is hereby amended by the insertion of the following language as subparagraph (2) (g) Any person who has committed an interception of any communication made by another in circumstances under which the interception is made in order to make a record of threats, harassment, or other crimes in relation to divorce or child custody matters, or in relation to orders issued under Chapter 209A or 258E bears the burden of proof, in a prosecution for such interception, or attempt, or procurement of such interception, or for disclosure of such interception, to demonstrate by a preponderance of the evidence that said conduct was exempt or permitted under this section.