EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0047*
SENATE BILL 47
C9, D1 3lr0779
(PRE–FILED)
By: Senator Sydnor
Requested: November 15, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Evidence – Wiretapping and Electronic Surveillance – Fair Housing Testing 2
FOR the purpose of providing that it is lawful for a person to intercept a wire, oral, or 3
electronic communication if the person is working as a fair housing tester for a 4
certain fair housing testing program under certain circumstances; and generally 5
relating to wire and electronic surveillance. 6
BY adding to 7
Article – Courts and Judicial Proceedings 8
Section 10–402(c)(12) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Courts and Judicial Proceedings 14
10–402. 15
(c) (12) IT IS LAWFUL UNDER TH IS SUBTITLE FOR A PE RSON TO 16
INTERCEPT A WIRE, ORAL, OR ELECTRONIC COMMUNICATION IF: 17
(I) THE PERSON IS WORKING AS A FAIR HOUSING TE STER FOR 18
A FAIR HOUSING TESTI NG PROGRAM OPERATED BY: 19
1. THE FEDERAL GOVERNMEN T; 20
2. THE STATE; 21 2 SENATE BILL 47
3. A LOCAL GOVERNMENT ; OR 1
4. A NONPROFIT CIVIL RIGH TS ORGANIZATION ; 2
(II) THE PERSON IS A PARTY TO THE COMMUNICATION ; AND 3
(III) THE INTERCEPTION IS BEIN G MADE FOR THE PURPO SE OF 4
OBTAINING EVIDENCE O F A FAIR HOUSING VIOLATION UNDER FEDERAL, STATE, OR 5
LOCAL LAW. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2023. 8