Maryland 2024 Regular Session

Maryland Senate Bill SB57 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0057
9	6
10	7		SENATE BILL 57
11	8		C9, D1 4lr0982
12		-	SB 47/23 – JPR (PRE–FILED) CF ~~HB 392~~
	9	+	SB 47/23 – JPR (PRE–FILED) CF 4lr1501
13	10		By: Senator Sydnor
14	11		Requested: October 17, 2023
15	12		Introduced and read first time: January 10, 2024
16	13		Assigned to: Judicial Proceedings
17		-	Committee Report: Favorable with amendments
18		-	Senate action: Adopted
19		-	Read second time: March 3, 2024
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Evidence – Wiretapping and Electronic Surveillance – Fair Housing Testing 2
26	20
27		-	FOR the purpose of providing that it is lawful for a person to intercept a wire, an oral, or 3
	21	+	FOR the purpose of providing that it is lawful for a person to intercept a wire, oral, or 3
28	22		electronic communication if the person is working as a fair housing tester for a 4
29	23		certain fair housing testing program under certain circumstances; and generally 5
30	24		relating to wire and electronic surveillance. 6
31	25
32	26		BY adding to 7
33	27		Article – Courts and Judicial Proceedings 8
34	28		Section 10–401(13) and 10–402(c)(12) 9
35	29		Annotated Code of Maryland 10
36	30		(2020 Replacement Volume and 2023 Supplement) 11
37	31
38	32		BY repealing and reenacting, with amendments, 12
39	33		Article – Courts and Judicial Proceedings 13
40	34		Section 10–401(13) through (18) 14
41	35		Annotated Code of Maryland 15
42	36		(2020 Replacement Volume and 2023 Supplement) 16
43	37
44	38		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
45	39		That the Laws of Maryland read as follows: 18
46	40
47	41		Article – Courts and Judicial Proceedings 19
48		-	2 SENATE BILL 57
	42	+
	43	+	10–401. 20
	44	+
	45	+	As used in this subtitle the following terms have the meanings indicated: 21
	46	+
	47	+	(13) “NONPROFIT CIVIL RIGHT S ORGANIZATION ” MEANS: 22 2 SENATE BILL 57
49	48
50	49
51		-	10–401. 1
52	50
53		-	As used in this subtitle the following terms have the meanings indicated: 2
	51	+	(I) A QUALIFIED FAIR HOUSI NG ENFORCEMENT 1
	52	+	ORGANIZATION OR A FA IR HOUSING ORGANIZAT ION AS DEFINED UNDER 24 C.F.R. § 2
	53	+	125.103; OR 3
54	54
55		-	(13) “NONPROFIT CIVIL RIGHT S ORGANIZATION ” MEANS: 3
	55	+	(II) AN ORGANIZATION INCORPORATED UNDER MARYLAND 4
	56	+	LAW AS A PRIVATE, TAX–EXEMPT CIVIL RIGHTS ORGANIZATION THAT HA S AT LEAST 5
	57	+	2 YEARS’ EXPERIENCE IN: 6
56	58
57		-	(I) A QUALIFIED FAIR HOUSI NG ENFORCEMENT 4
58		-	ORGANIZATION OR A FAIR HOUSING ORGANIZ ATION AS DEFINED UND ER 24 C.F.R. § 5
59		-	125.103; OR 6
	59	+	1. COMPLAINT INTAKE; 7
60	60
61		-	(II) AN ORGANIZATION INCOR PORATED UNDER MARYLAND 7
62		-	LAW AS A PRIVATE , TAX–EXEMPT CIVIL RIGHTS ORGANIZATION THAT HA S AT LEAST 8
63		-	2 YEARS’ EXPERIENCE IN: 9
	61	+	2. COMPLAINT INVESTIGATION ; AND 8
64	62
65		-	1. COMPLAINT INTAKE ; 10
	63	+	3. TESTING FOR FAIR HOUSING VIO LATIONS OR 9
	64	+	ENFORCEMENT OF MERIT ORIOUS CLAIMS . 10
66	65
67		-	2. COMPLAINT INVESTIGATION ; AND 11
	66	+	[(13)] (14) (i) “Oral communication” means any conversation or words 11
	67	+	spoken to or by any person in private conversation. 12
68	68
69		-	~~3. TESTING FOR FAIR HOUS ING VIOLATIONS OR 12~~
70		-	~~ENFORCEMENT OF MERIT ORIOUS CLAIMS~~ . 13
	69	+	(ii) “Oral communication” does not include any electronic 13
	70	+	communication. 14
71	71
72		-	[(13)] (14) (i) “Oral communication” means any conversation or words 14
73		-	spoken to or by any person in private conversation. 15
	72	+	[(14)] (15) “Person” means any employee or agent of this State or a political 15
	73	+	subdivision thereof, and any individual, partnership, association, joint stock company, 16
	74	+	trust, or corporation. 17
74	75
75		-	(ii) “~~Oral communication~~” ~~does not include any electronic 16~~
76		-	communication~~. 17~~
	76	+	[(15)] (16) “Readily accessible to the general public” means, with respect to 18
	77	+	a radio communication, that the communication is not: 19
77	78
78		-	[(14)] (15) “Person” means any employee or agent of this State or a political 18
79		-	subdivision thereof, and any individual, partnership, association, joint stock company, 19
80		-	trust, or corporation. 20
	79	+	(i) Scrambled or encrypted; 20
81	80
82		-	[(15)] (16) “Readily accessible to the general public” means, with respect to 21
83		-	a radio communication, that the communication is not: 22
	81	+	(ii) Transmitted using modulation techniques the essential 21
	82	+	parameters of which have been withheld from the public with the intention of preserving 22
	83	+	the privacy of the communication; or 23
84	84
85		-	(i) Scrambled or encrypted; 23
	85	+	(iii) Except for tone–only paging device communications, transmitted 24
	86	+	over frequencies reserved for private use and licensed for private use under federal or State 25
	87	+	law. 26
86	88
87		-	(ii) Transmitted using modulation techniques the essential 24
88		-	parameters of which have been withheld from the public with the intention of preserving 25
89		-	the privacy of the communication; or 26
	89	+	[(16)] (17) “Telephone solicitation theft” means conduct of a person that: 27
90	90
91		-	(iii) Except for tone–only paging device communications, transmitted 27
92		-	over frequencies reserved for private use and licensed for private use under federal or State 28
93		-	law. 29
	91	+	(i) Constitutes the offense of theft or attempted theft; and 28
94	92
95		-	~~[(16)]~~ (17) ~~“Telephone solicitation theft” means conduct~~ of a ~~person that:~~ 30
	93	+	(ii) Involves the use of a telephone to solicit the payment of money. 29
96	94		SENATE BILL 57 3
97	95
98	96
99		-	(i) ~~Constitutes the offense of theft~~ or ~~attempted theft; and~~ 1
	97	+	[(17)] (18) “User” means any person or entity that: 1
100	98
101		-	(ii) ~~Involves the use of a telephone to solicit the payment of money.~~ 2
	99	+	(i) Uses an electronic communication service; and 2
102	100
103		-	[(17)] (18) “User” means any person or entity that: 3
	101	+	(ii) Is duly authorized by the provider of the service to engage in that 3
	102	+	use. 4
104	103
105		-	(i) Uses an electronic communication service; and 4
	104	+	[(18)] (19) “Wire communication” means any aural transfer made in whole 5
	105	+	or in part through the use of facilities for the transmission of communications by the aid of 6
	106	+	wire, cable, or other like connection between the point of origin and the point of reception 7
	107	+	(including the use of a connection in a switching station) furnished or operated by any 8
	108	+	person licensed to engage in providing or operating such facilities for the transmission of 9
	109	+	communications. 10
106	110
107		-	(ii) Is duly authorized by the provider of the service to engage in that 5
108		-	use. 6
	111	+	10–402. 11
109	112
110		-	[(18)] (19) “Wire communication” means any aural transfer made in whole 7
111		-	or in part through the use of facilities for the transmission of communications by the aid of 8
112		-	wire, cable, or other like connection between the point of origin and the point of reception 9
113		-	(including the use of a connection in a switching station) furnished or operated by any 10
114		-	person licensed to engage in providing or operating such facilities for the transmission of 11
115		-	communications. 12
	113	+	(c) (12) IT IS LAWFUL UNDER TH IS SUBTITLE FOR A PE RSON TO 12
	114	+	INTERCEPT A WIRE , ORAL, OR ELECTRONIC COMMUN ICATION IF: 13
116	115
117		-	10–402. 13
	116	+	(I) THE PERSON IS WORKING AS A FAIR HOUSING TE STER FOR 14
	117	+	A FAIR HOUSING TESTI NG PROGRAM OPERATED BY : 15
118	118
119		-	(c) (12) (I) IT IS LAWFUL UNDER TH IS SUBTITLE FOR A PE RSON TO 14
120		-	INTERCEPT A WIRE, AN ORAL, OR ELECTRONIC COMMUNICATION IF : 15
	119	+	1. THE FEDERAL GOVERNMEN T; 16
121	120
122		-	(I) 1. THE PERSON IS WORKING AS A FAIR HOUSING TESTE R 16
123		-	FOR A FAIR HOUSING T ESTING PROGRAM OPERA TED BY: 17
	121	+	2. THE STATE; 17
124	122
125		-	1. A~~. THE FEDERAL GOVERNMEN T;~~ 18
	123	+	3. A LOCAL GOVERNMENT ; OR 18
126	124
127		-	2. ~~B. THE STATE~~; 19
	125	+	4. A NONPROFIT CIVIL RIGH TS ORGANIZATION ; 19
128	126
129		-	~~3. C.~~ A ~~LOCAL GOVERNMENT~~ ; OR 20
	127	+	(II) THE PERSON IS A PARTY TO THE COMMUNICATION ; AND 20
130	128
131		-	4. D. A NONPROFIT CIVIL RIGH TS ORGANIZATION ; 21
	129	+	(III) THE INTERCEPTION IS B EING MADE FOR THE PU RPOSE OF 21
	130	+	OBTAINING EVIDENCE O F A FAIR HOUSING VIO LATION UNDER FEDERAL , STATE, OR 22
	131	+	LOCAL LAW. 23
132	132
133		-	~~(II)~~ 2. ~~THE PERSON IS A PARTY TO THE CO MMUNICATION ; 22~~
134		-	~~AND 23~~
	133	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
	134	+	October 1, 2024. 25
135	135
136		-	(III) 3. THE INTERCEPTION IS B EING MADE FOR THE 24
137		-	PURPOSE OF OBTAINING EVIDENCE OF A FAIR H OUSING VIOLATION UND ER 25
138		-	FEDERAL, STATE, OR LOCAL LAW . 26
139		-
140		-	(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 27
141		-	PARAGRAPH , NO PART OF THE CONTE NTS OF THE INTERCEPT ED COMMUNICATION 28
142		-	AND NO EVIDENCE DERI VED THEREFROM MAY BE RECEIVED IN EVIDENCE IN ANY 29
143		-	TRIAL, HEARING, OR OTHER PROCEEDING IN OR BEFORE ANY COU RT, GRAND JURY, 30 4 SENATE BILL 57
144		-
145		-
146		-	DEPARTMENT , OFFICER, AGENCY, REGULATORY BODY , LEGISLATIVE COMMITTE E, 1
147		-	OR OTHER AUTHORITY O F THE STATE OR A POLITICAL SUBDIVISION OF THE STATE. 2
148		-
149		-	(III) THE CONTENTS OF AN IN TERCEPTED ORAL 3
150		-	COMMUNICATION MADE I N ACCORDANCE WITH SU BPARAGRAPH (I) OF THIS 4
151		-	PARAGRAPH MAY BE USED ONLY FOR THE PURPOSE OF ENFORCING FEDERAL , 5
152		-	STATE, OR LOCAL FAIR HOUSIN G LAWS. 6
153		-
154		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
155		-	October 1, 2024. 8
156		-
157		-
158		-
159		-	Approved:
160		-	________________________________________________________________________________
161		-	Governor.
162		-	________________________________________________________________________________
163		-	President of the Senate.
164		-	________________________________________________________________________________
165		-	Speaker of the House of Delegates.