EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0130*
HOUSE BILL 130
E2 5lr1159
HB 274/24 – JUD (PRE–FILED) CF SB 38
By: Delegate Simpson Delegates Simpson, Grammer, and Conaway
Requested: October 9, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2025
CHAPTER ______
AN ACT concerning 1
Intercepted Communications – Statute of Limitations and Penalty 2
FOR the purpose of altering the statute of limitations applicable to a certain offense 3
relating to the prohibition against intercepting and disclosing any wire, oral, or 4
electronic communications and reclassifying, as a misdemeanor instead of a felony, 5
a certain the offense relating to the prohibition against intercepting and disclosing 6
any wire, oral, or electronic communications as a misdemeanor instead of a felony; 7
and generally relating to intercepted communications. 8
BY repealing and reenacting, without amendments, 9
Article – Courts and Judicial Proceedings 10
Section 5–106(a) and (b) and 10–402(a) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2024 Supplement) 13
BY adding to 14
Article – Courts and Judicial Proceedings 15
Section 5–106(jj) 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2024 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Courts and Judicial Proceedings 20
Section 10–402(b) 21 2 HOUSE BILL 130
Annotated Code of Maryland 1
(2020 Replacement Volume and 2024 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Courts and Judicial Proceedings 5
5–106. 6
(a) Except as provided by this section, § 1–303 of the Environment Article, and § 7
8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 8
instituted within 1 year after the offense was committed. 9
(b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any 10
other provision of the Code, if a statute provides that a misdemeanor is punishable by 11
imprisonment in the penitentiary or that a person is subject to this subsection: 12
(1) The State may institute a prosecution for the misdemeanor at any time; 13
and 14
(2) For purposes of the Maryland Constitution, the person: 15
(i) Shall be deemed to have committed a misdemeanor whose 16
punishment is confinement in the penitentiary; and 17
(ii) May reserve a point or question for in banc review as provided 18
under Article IV, § 22 of the Maryland Constitution. 19
(JJ) A CRIMINAL PROSECUTION UNDER § 10–402(A) OF THIS ARTICLE SHAL L 20
BE INSTITUTED WITHIN 5 YEARS AFTER THE OFFE NSE WAS COMMITTED . 21
10–402. 22
(a) Except as otherwise specifically provided in this subtitle it is unlawful for any 23
person to: 24
(1) Willfully intercept, endeavor to intercept, or procure any other person 25
to intercept or endeavor to intercept, any wire, oral, or electronic communication; 26
(2) Willfully disclose, or endeavor to disclose, to any other person the 27
contents of any wire, oral, or electronic communication, knowing or having reason to know 28
that the information was obtained through the interception of a wire, oral, or electronic 29
communication in violation of this subtitle; or 30
(3) Willfully use, or endeavor to use, the contents of any wire, oral, or 31
electronic communication, knowing or having reason to know that the information was 32 HOUSE BILL 130 3
obtained through the interception of a wire, oral, or electronic communication in violation 1
of this subtitle. 2
(b) Any person who violates subsection (a) of this section is guilty of a [felony] 3
MISDEMEANOR and is subject to imprisonment for not more than 5 years or a fine of not 4
more than $10,000, or both. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 6
October 1, 2025. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.