Maryland Senate Bill SB749

Maryland 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/6/23

Caption

Crimes - Interception of Wire, Oral, or Electronic Communications - Exception for Imminent Danger and Admission as Evidence

Impact

The enforcement of this bill will impact the interpretation and implementation of Maryland's existing laws concerning wiretapping and communication interception. Under current law, the interception of wire, oral, or electronic communications is largely prohibited and can result in felony charges. However, Bill SB749 adds a significant exemption for those who can demonstrate a reasonable belief in imminent danger, thus shifting the legal landscape regarding personal safety and evidence gathering. This change prioritizes victimization considerations while still ensuring a partial regulatory framework around communications interception.

Summary

Senate Bill 749, titled 'Crimes – Interception of Wire, Oral, or Electronic Communications – Exception for Imminent Danger and Admission as Evidence', aims to amend existing laws regarding the interception of communications. The bill authorizes individuals to intercept certain types of communications if they reasonably believe they are in imminent danger of becoming a victim of a violent crime, stalking, abuse, or protective order violation. This legislative change is designed to empower potential victims, allowing them to collect evidence that could be critical in court proceedings relevant to their safety.

Contention

The introduction of SB749 raises important discussions among legislators and civil liberties advocates about the balance between safety and privacy. Proponents argue that the bill provides necessary protections for individuals who may be in precarious situations, granting them the means to secure evidence to protect themselves. Opponents, however, express concerns surrounding potential abuse of this law, arguing it could lead to unauthorized interception of communications and an erosion of privacy rights. The debate over these implications highlights the need for careful oversight and clarity on the legal standards regarding the concept of 'imminent danger'.