EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0392*
HOUSE BILL 392
C9, D1 4lr1501
CF SB 57
By: Delegates Stewart and Young
Introduced and read first time: January 17, 2024
Assigned to: Judiciary
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 10–401(13) and 10–402(c)(12) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2023 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 10–401(13) through (18) 14
Annotated Code of Maryland 15
(2020 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 – Courts and Judicial Proceedings 19
10–401. 20
As used in this subtitle the following terms have the meanings indicated: 21
(13) “NONPROFIT CIVIL RIGHTS ORGA NIZATION” MEANS: 22
2 HOUSE BILL 392
(I) A QUALIFIED FAIR HOUSI NG ENFORCEMENT 1
ORGANIZATION OR A FA IR HOUSING ORGANIZAT ION AS DEFINED UNDER 24 C.F.R. § 2
125.103; OR 3
(II) AN ORGANIZATION INCOR PORATED UNDER MARYLAND 4
LAW AS A PRIVATE , TAX–EXEMPT CIVIL R IGHTS ORGANIZATION T HAT HAS AT LEAST 5
2 YEARS’ EXPERIENCE IN: 6
1. COMPLAINT INTAKE ; 7
2. COMPLAINT INVESTIGATI ON; AND 8
3. TESTING FOR FAIR HOUS ING VIOLATIONS OR 9
ENFORCEMENT OF MERIT ORIOUS CLAIMS . 10
[(13)] (14) (i) “Oral communication” means any conversation or words 11
spoken to or by any person in private conversation. 12
(ii) “Oral communication” does not include any electronic 13
communication. 14
[(14)] (15) “Person” means any employee or agent of this State or a political 15
subdivision thereof, and any individual, partnership, association, joint stock company, 16
trust, or corporation. 17
[(15)] (16) “Readily accessible to the general public” means, with respect to 18
a radio communication, that the communication is not: 19
(i) Scrambled or encrypted; 20
(ii) Transmitted using modulation techniques the essential 21
parameters of which have been withheld from the public with the intention of preserving 22
the privacy of the communication; or 23
(iii) Except for tone–only paging device communications, transmitted 24
over frequencies reserved for private use and licensed for private use under federal or State 25
law. 26
[(16)] (17) “Telephone solicitation theft” means conduct of a person that: 27
(i) Constitutes the offense of theft or attempted theft; and 28
(ii) Involves the use of a telephone to solicit the payment of money. 29
[(17)] (18) “User” means any person or entity that: 30 HOUSE BILL 392 3
(i) Uses an electronic communication service; and 1
(ii) Is duly authorized by the provider of the service to engage in that 2
use. 3
[(18)] (19) “Wire communication” means any aural transfer made in whole 4
or in part through the use of facilities for the transmission of communications by the aid of 5
wire, cable, or other like connection between the point of origin and the point of reception 6
(including the use of a connection in a switching station) furnished or operated by any 7
person licensed to engage in providing or operating such facilities for the transmission of 8
communications. 9
10–402. 10
(c) (12) IT IS LAWFUL UNDER TH IS SUBTITLE FOR A PERSON TO 11
INTERCEPT A WIRE , ORAL, OR ELECTRONIC COMMUN ICATION IF: 12
(I) THE PERSON IS WORKING AS A FAIR HOUSING TE STER FOR 13
A FAIR HOUSING TESTI NG PROGRAM OPERATED BY: 14
1. THE FEDERAL GOVERNMEN T; 15
2. THE STATE; 16
3. A LOCAL GOVERNMENT ; OR 17
4. A NONPROFIT CIVIL RIGH TS ORGANIZATION ; 18
(II) THE PERSON IS A PARTY TO THE COMMUNICATION ; AND 19
(III) THE INTERCEPTION IS B EING MADE FOR THE PU RPOSE OF 20
OBTAINING EVIDENCE O F A FAIR HOUSING VIO LATION UNDER FEDERAL , STATE, OR 21
LOCAL LAW. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2024. 24