Maryland 2025 Regular Session

Maryland House Bill HB130 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		hb0130
9	6
10	7		HOUSE BILL 130
11	8		E2 5lr1159
12	9		HB 274/24 – JUD (PRE–FILED) CF SB 38
13		-	By: Delegate Simpson ~~Delegates Simpson, Grammer, and Conaway~~
	10	+	By: Delegate Simpson
14	11		Requested: October 9, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Judiciary
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: March 6, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25		-	Intercepted Communications – ~~Statute of Limitations and~~ Penalty 2
	19	+	Intercepted Communications – Penalty 2
26	20
27		-	FOR the purpose of ~~altering the statute~~ of ~~limitations applicable to~~ a certain offense 3
	21	+	FOR the purpose of reclassifying, as a misdemeanor instead of a felony, a certain offense 3
28	22		relating to the prohibition against intercepting and disclosing any wire, oral, or 4
29		-	electronic communications and reclassifying, as a misdemeanor instead of a felony, 5
30		-	a certain the offense relating to the prohibition against intercepting and disclosing 6
31		-	any wire, oral, or electronic communications as a misdemeanor instead of a felony; 7
32		-	and generally relating to intercepted communications. 8
	23	+	electronic communications; and generally relating to intercepted communications. 5
33	24
34		-	BY repealing and reenacting, without amendments, 9
35		-	Article – Courts and Judicial Proceedings 10
36		-	Section ~~5–106(a) and (b) and~~ 10–402(a) 11
37		-	Annotated Code of Maryland 12
38		-	(2020 Replacement Volume and 2024 Supplement) 13
	25	+	BY repealing and reenacting, without amendments, 6
	26	+	Article – Courts and Judicial Proceedings 7
	27	+	Section 10–402(a) 8
	28	+	Annotated Code of Maryland 9
	29	+	(2020 Replacement Volume and 2024 Supplement) 10
39	30
40		-	BY ~~adding to 14~~
41		-	Article – Courts and Judicial Proceedings 15
42		-	Section 5–~~106~~(jj) 16
43		-	Annotated Code of Maryland 17
44		-	(2020 Replacement Volume and 2024 Supplement) 18
	31	+	BY repealing and reenacting, with amendments, 11
	32	+	Article – Courts and Judicial Proceedings 12
	33	+	Section 10–402(b) 13
	34	+	Annotated Code of Maryland 14
	35	+	(2020 Replacement Volume and 2024 Supplement) 15
45	36
46		-	BY repealing and reenacting, with amendments, 19
47		-	Article – Courts and Judicial Proceedings 20
48		-	Section 10–402(b) 21 2 HOUSE BILL 130
	37	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
	38	+	That the Laws of Maryland read as follows: 17
49	39
	40	+	Article – Courts and Judicial Proceedings 18
50	41
51		-	Annotated Code of Maryland 1
52		-	(2020 Replacement Volume and 2024 Supplement) 2
	42	+	10–402. 19
53	43
54		-	~~SECTION 1.~~ BE IT ~~ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3~~
55		-	~~That the Laws of Maryland read as follows~~: 4
	44	+	(a) Except as otherwise specifically provided in this subtitle it is unlawful for any 20
	45	+	person to: 21
56	46
57		-	Article – Courts and Judicial Proceedings 5
58		-
59		-	5–106. 6
60		-
61		-	(a) Except as provided by this section, § 1–303 of the Environment Article, and § 7
62		-	8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 8
63		-	instituted within 1 year after the offense was committed. 9
64		-
65		-	(b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any 10
66		-	other provision of the Code, if a statute provides that a misdemeanor is punishable by 11
67		-	imprisonment in the penitentiary or that a person is subject to this subsection: 12
68		-
69		-	(1) The State may institute a prosecution for the misdemeanor at any time; 13
70		-	and 14
71		-
72		-	(2) For purposes of the Maryland Constitution, the person: 15
73		-
74		-	(i) Shall be deemed to have committed a misdemeanor whose 16
75		-	punishment is confinement in the penitentiary; and 17
76		-
77		-	(ii) May reserve a point or question for in banc review as provided 18
78		-	under Article IV, § 22 of the Maryland Constitution. 19
79		-
80		-	(JJ) A CRIMINAL PROSECUTION UNDER § 10–402(A) OF THIS ARTICLE SHAL L 20
81		-	BE INSTITUTED WITHIN 5 YEARS AFTER THE OFFE NSE WAS COMMITTED . 21
82		-
83		-	10–402. 22
84		-
85		-	(a) Except as otherwise specifically provided in this subtitle it is unlawful for any 23
86		-	person to: 24
87		-
88		-	(1) Willfully intercept, endeavor to intercept, or procure any other person 25
89		-	to intercept or endeavor to intercept, any wire, oral, or electronic communication; 26
90		-
91		-	(2) Willfully disclose, or endeavor to disclose, to any other person the 27
92		-	contents of any wire, oral, or electronic communication, knowing or having reason to know 28
93		-	that the information was obtained through the interception of a wire, oral, or electronic 29
94		-	communication in violation of this subtitle; or 30
95		-
96		-	(3) Willfully use, or endeavor to use, the contents of any wire, oral, or 31
97		-	electronic communication, knowing or having reason to know that the information was 32 HOUSE BILL 130 3
98		-
99		-
100		-	obtained through the interception of a wire, oral, or electronic communication in violation 1
101		-	of this subtitle. 2
102		-
103		-	(b) Any person who violates subsection (a) of this section is guilty of a [felony] 3
104		-	MISDEMEANOR and is subject to imprisonment for not more than 5 years or a fine of not 4
105		-	more than $10,000, or both. 5
106		-
107		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 6
108		-	October 1, 2025. 7
	47	+	(1) Willfully intercept, endeavor to intercept, or procure any other person 22
	48	+	to intercept or endeavor to intercept, any wire, oral, or electronic communication; 23 2 HOUSE BILL 130
109	49
110	50
111	51
	52	+	(2) Willfully disclose, or endeavor to disclose, to any other person the 1
	53	+	contents of any wire, oral, or electronic communication, knowing or having reason to know 2
	54	+	that the information was obtained through the interception of a wire, oral, or electronic 3
	55	+	communication in violation of this subtitle; or 4
	56	+
	57	+	(3) Willfully use, or endeavor to use, the contents of any wire, oral, or 5
	58	+	electronic communication, knowing or having reason to know that the information was 6
	59	+	obtained through the interception of a wire, oral, or electronic communication in violation 7
	60	+	of this subtitle. 8
	61	+
	62	+	(b) Any person who violates subsection (a) of this section is guilty of a [felony] 9
	63	+	MISDEMEANOR and is subject to imprisonment for not more than 5 years or a fine of not 10
	64	+	more than $10,000, or both. 11
	65	+
	66	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
	67	+	October 1, 2025. 13
112	68
113	69
114		-
115		-	Approved:
116		-	________________________________________________________________________________
117		-	Governor.
118		-	________________________________________________________________________________
119		-	Speaker of the House of Delegates.
120		-	________________________________________________________________________________
121		-	President of the Senate.