Relates to the requirements of the annual report from the division of minority and women's business development

2025 Regular Session Introduced by Jamaal Bailey and 3 co-sponsors

The bill creates a limited defense to wiretap charges for recording threats or harassment in divorce, custody, or abuse/harassment cases, with the recorder must prove the purpose b

REFERRED TO PROCUREMENT AND CONTRACTS

Summary — S.1215: Defense to wiretap prosecution for recordings of threats/harassment in domestic matters

Status / Jurisdiction
- Filed in the Massachusetts Senate (Senate Docket No. 358) on 01/12/2025; referred to the Judiciary Committee. Petitioners/sponsors listed on the docket: Senator Patrick M. O’Connor (with Margaret R. Scarsdale noted). (Document cites similar matter in 2023–2024: Senate No. 1093.)

Purpose
- To create a statutory defense to criminal liability under the Commonwealth’s wiretap/interception statute (Mass. Gen. Laws ch. 272, §99) for people who record communications directed to them when the recording is made to document threats, harassment, or other crimes in the context of divorce, child‑custody disputes, or proceedings/orders under Chapter 209A (abuse prevention) or Chapter 258E (harassment prevention).

Key provisions
- Adds a new limited exception/subparagraph to paragraph D of G.L. c.272 §99:
- Permits a person to intercept (or attempt to intercept) a communication made by another to that person where the interception is made in order to make a record of threats, harassment, or other crimes tied to divorce or child‑custody issues or to orders under ch. 209A or 258E.
- Explicitly allows the person who made such an interception to disclose the recording.
- Places the burden of proof on the person who intercepted/disclosed the communication: when prosecuted for interception or disclosure, that person must prove by a preponderance of the evidence that the interception was covered by this statutory defense.

Who would be affected
- Individuals involved in divorce, child‑custody, abuse-prevention (209A), or harassment-prevention (258E) matters who record communications from another person directed at them and claim the recording was made to document threats, harassment, or related crimes.
- Criminal prosecutors and defense attorneys in cases involving alleged unlawful interceptions or disclosures.
- Courts evaluating admissibility and defenses tied to recorded communications in the specified domestic contexts.

Practical and legal implications
- Expands a limited one‑party recording defense in narrowly defined domestic situations, potentially making it easier for victims or parties to document threats/harassment without facing wiretap charges.
- By assigning the burden of proof to the person claiming the defense (preponderance standard), the bill requires defendants to establish intent and purpose for the recording in criminal proceedings.
- Raises questions about balancing privacy and evidentiary needs in domestic disputes; scope is limited to recordings made by the recipient of communications and tied to specified domestic legal contexts.

Procedural notes & related history
- Docketed 01/12/2025 and referred to Judiciary. The petition notes similar legislation filed in the prior session (Senate No. 1093, 2023–2024). Further committee actions, amendments, or votes will determine whether the bill advances.