EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0313*
SENATE BILL 313
E1 4lr1007
SB 754/23 – JPR
By: Senator Folden
Introduced and read first time: January 11, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Maryland Wiretap and Electronic Surveillance Reform Workgroup 2
FOR the purpose of establishing the Maryland Wiretap and Electronic Surveillance Reform 3
Workgroup; and generally relating to the Maryland Wiretap and Electro nic 4
Surveillance Reform Workgroup. 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That: 7
(a) There is a Maryland Wiretap and Electronic Surveillance Reform Workgroup. 8
(b) The Workgroup consists of the following members: 9
(1) two members of the Senate of Maryland, appointed by the President of 10
the Senate; 11
(2) two members of the House of Delegates, appointed by the Speaker of 12
the House; 13
(3) the Public Defender, or the Public Defender’s designee; 14
(4) the Attorney General, or the Attorney General’s designee; 15
(5) the Chair of the Maryland Judicial Conference, or the Chair’s designee; 16
(6) the Maryland State Prosecutor, or the Maryland State Prosecutor’s 17
designee; 18
(7) the federal Public Defender for the District of Maryland, or the federal 19
Public Defender’s designee; and 20
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(8) the following members, appointed by the Governor: 1
(i) one former member of the General Assembly or retired Judge of 2
the Judiciary; 3
(ii) one State’s Attorney; 4
(iii) one attorney licensed to practice in the State who specializes in 5
privacy law; 6
(iv) one attorney licensed to practice in the State who specializes in 7
family law; 8
(v) one law professor with expertise in evidence or privacy law from 9
the University of Maryland School of Law or the University of Baltimore School of Law; 10
(vi) one representative from a domestic violence prevention and 11
advocacy program in the State; 12
(vii) one representative from the Maryland Crime Victims’ Resource 13
Center, Inc., or a similar victim advocacy organization that is based in the State; and 14
(viii) one representative from the U.S. Attorney’s Office for the District 15
of Maryland. 16
(c) (1) The Governor shall designate the chair of the Workgroup. 17
(2) The chair may appoint a vice chair, an executive committee, and 18
subgroups or subcommittees from among the members of the Workgroup. 19
(d) The Office of the Attorney General shall provide staff for the Workgroup. 20
(e) A member of the Workgroup: 21
(1) may not receive compensation as a member of the Workgroup; but 22
(2) is entitled to reimbursement for expenses under the Standard State 23
Travel Regulations, as provided in the State budget. 24
(f) The Workgroup shall: 25
(1) study the effectiveness of Maryland’s wiretapping and electronic 26
surveillance laws; 27
(2) examine current technologies, privacy concerns, and best practices in 28
the field of wiretapping and electronic surveillance; 29
SENATE BILL 313 3
(3) examine ways to make the use of audio and visual recordings from 1
wiretapping and electronic surveillance more available to assist with the prevention of, and 2
admissible for use in proceedings relating to, domestic violence, child abuse, and the abuse 3
of the elderly and other vulnerable adults; and 4
(4) make recommendations regarding revisions to Maryland’s wiretapping 5
and electronic surveillance laws. 6
(g) (1) On or before December 1, 2024, the Workgroup shall report its 7
preliminary findings and recommendations to the Governor and, in accordance with § 8
2–1257 of the State Government Article, the General Assembly. 9
(2) On or before December 1, 2025, the Workgroup shall report its final 10
findings and recommendations to the Governor and, in accordance with § 2–1257 of the 11
State Government Article, the General Assembly. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13
1, 2024. It shall remain effective for a period of 2 years and 1 month and, at the end of June 14
30, 2026, this Act, with no further action required by the General Assembly, shall be 15
abrogated and of no further force and effect. 16