Bill > S1215

This bill proposes to modify Massachusetts wiretap law by creating specific legal protections for individuals who intercept communications in certain sensitive legal contexts. Specifically, the bill allows a person to intercept, record, or disclose communications made by another party if the interception is done to document threats, harassment, or other crimes related to divorce, child custody matters, or protective orders (specifically those issued under Chapters 209A or 258E). Under this proposed legislation, a person who makes such an interception would have a legal defense against prosecution for wiretapping, and would be permitted to disclose the recorded communication. However, if prosecuted, the individual would bear the burden of proving by a preponderance of the evidence (meaning more likely than not) that their interception meets the exemption criteria. This bill appears aimed at providing legal protection for individuals seeking to document potential abuse, threats, or criminal behavior in high-conflict domestic legal situations, recognizing the challenges victims might face in proving such conduct.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1215