Baker refiles legislation that would update wiretap law, crack down on violent crime
January 21, 2022Gov. Charlie Baker has refiled legislation that would provide an update to the state’s wiretap laws to reflect current technology and crack down on violent crime.
The governor announced in a news release that his administration has refiled legislation he first introduced in 2017. The new bill would be the first update to the state’s wiretap laws since 1968.
In a letter to the Legislature, Baker wrote that current wiretapping laws are a half-century old and need updated to give law enforcement the necessary tools as crimes “have greatly changed.”
“As technology evolves and the public safety landscape changes, so too should the tools we use to keep our communities safe,” Baker said in the release. “The commonsense changes to the wiretap statute we are again proposing today would finally update this 50-year-old statute to recognize that law enforcement should be able to use the same tools to solve a murder committed because of racial hatred or gang affiliation that they use to solve a murder committed in connection with organized crime.”
Under current law, according to the letter, law enforcement can use wiretapping in a very narrow set of circumstances to record conversations, mainly organized crime. The newly filed legislation seeks to give law enforcement the tools to battle violent crimes, including rape, hate crimes, and gang-related homicides.
According to the release, the bill would expand law enforcement’s use of wiretapping and secret recordings to allow investigation of serious offenses that are not tied to organized crime. The update bill would allow the use of wiretapping in murder, rape, and possession of explosive devices crimes.
If the bill is enacted, it would update definitions to reference electronic communications that were not in use 50 years ago, explicitly covering communications with out-of-state parties pertaining to in-state crimes, and authorize courts to issue orders with out-of-state companies to establish court-ordered monitoring.
The bill would allow the use of interpreters to monitor communications, and require law enforcement to obtain warrants instead of a special wiretap warrant. Additionally, it would exempt the use of body-worn cameras and cruise-mounted cameras by law enforcement personnel from the statute so that local police departments can utilize the equipment if they choose.
This article was originally posted on Baker refiles legislation that would update wiretap law, crack down on violent crime
