EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0303*
HOUSE BILL 303
E4 4lr0623
HB 228/23 – JUD
By: Delegates Grammer and Young
Introduced and read first time: January 15, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Persistent Aerial Surveillance 2
FOR the purpose of prohibiting persistent aerial surveillance by a certain unit, agency, or 3
political subdivision to gather certain evidence or information in a criminal 4
investigation, subject to certain exceptions; and generally relating to persistent 5
aerial surveillance. 6
BY repealing and reenacting, without amendments, 7
Article – Transportation 8
Section 5–101(a) and (e) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2023 Supplement) 11
BY adding to 12
Article – Public Safety 13
Section 3–531 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Transportation 19
5–101. 20
(a) In this title the following words have the meanings indicated. 21
(e) “Aircraft” means any device used or designed for navigation of or flight in the 22
air. 23
2 HOUSE BILL 303
Article – Public Safety 1
3–531. 2
(A) IN THIS SECTION , “PERSISTENT AERIAL SU RVEILLANCE” MEANS THE 3
USE OF AIRCRAFT , AS DEFINED IN § 5–101 OF THE TRANSPORTATION ARTICLE, TO 4
RECORD VIDEO OR A CO NCURRENT SERIES OF I MAGES OR PICTURES TH AT WHEN 5
VIEWED IN AGGREGATE DEPICT A PERSON ’S ACTIONS OVER TIME. 6
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A UNIT OR 7
AN AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE MAY NOT 8
CONDUCT PERSISTENT A ERIAL SURVEILLANCE T O GATHER EVIDENCE OR OTHER 9
INFORMATION IN A CRI MINAL INVESTIGATION . 10
(C) A UNIT OR AN AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF 11
THE STATE MAY CONDUCT PER SISTENT AERIAL SURVE ILLANCE: 12
(1) IN ACCORDANCE WITH A VALID SEARCH WARRANT ISSUED BY A 13
JUDGE; 14
(2) ON A LOCATION FOR TH E PURPOSE OF EXECUTI NG AN ARREST 15
WARRANT; 16
(3) IN FRESH PURSUIT OF A SUSPECT, AS DEFINED IN § 2–304 OF THE 17
CRIMINAL PROCEDURE ARTICLE; 18
(4) TO ASSIST IN AN ACTI VE SEARCH AND RESCUE OPERATION; 19
(5) TO LOCATE AN ESCAPED PRISONER; 20
(6) IF A LAW ENFORCEMENT OFFICER REASONABLY B ELIEVES THAT 21
THE USE OF AIRCRAFT IS NECESSARY TO PREV ENT IMMINENT : 22
(I) SERIOUS BODILY HARM TO AN INDIVIDUAL ; OR 23
(II) DESTRUCTION OF EVIDE NCE; OR 24
(7) IF THE UNITED STATES SECRETARY OF HOMELAND SECURITY 25
DETERMINES THAT CRED IBLE INTELLIGENCE IN DICATES THAT THER E IS A HIGH 26
RISK OF A TERRORIST ATTACK BY A SPECIFIC INDIVIDUAL OR ORGANI ZATION AND 27
THAT PERSISTENT AERI AL SURVEILLANCE IS N ECESSARY TO COUNTER SUCH A RISK. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2024. 30