Maryland 2025 Regular Session

Maryland House Bill HB314 Compare Versions

Only one version of the bill is available at this time.

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	5	hb0314
6	6
7	7	HOUSE BILL 314
8	8	E2 5lr1971
9	9
10	10	By: Delegates Grammer and Bartlett
11	11	Introduced and read first time: January 10, 2025
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Wiretapping and Electronic Surveillance – Intercepted Communications – 2
19	19	Admissibility of Evidence 3
20	20
21	21	FOR the purpose of providing that the contents of a certain intercepted communication and 4
22	22	evidence derived from the communication may be received in evidence in a certain 5
23	23	proceeding under certain circumstances; and generally relating to the admissibility 6
24	24	of intercepted communications. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Courts and Judicial Proceedings 9
28	28	Section 10–405 10
29	29	Annotated Code of Maryland 11
30	30	(2020 Replacement Volume and 2024 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Courts and Judicial Proceedings 15
36	36
37	37	10–405. 16
38	38
39	39	(a) Except as provided in [subsection] SUBSECTIONS (b) AND (C) of this section, 17
40	40	whenever any wire, oral, or electronic communication has been intercepted, no part of the 18
41	41	contents of the communication and no evidence derived therefrom may be received in 19
42	42	evidence in any trial, hearing, or other proceeding in or before any court, grand jury, 20
43	43	department, officer, agency, regulatory body, legislative committee, or other authority of 21
44	44	this State, or a political subdivision thereof if the disclosure of that information would be 22
45	45	in violation of this subtitle. 23
46	46	2 HOUSE BILL 314
47	47
48	48
49	49	(b) If any wire, oral, or electronic communication is intercepted in any state or 1
50	50	any political subdivision of a state, the United States or any territory, protectorate, or 2
51	51	possession of the United States, including the District of Columbia in accordance with the 3
52	52	law of that jurisdiction, but that would be in violation of this subtitle if the interception was 4
53	53	made in this State, the contents of the communication and evidence derived from the 5
54	54	communication may be received in evidence in any trial, hearing, or other proceeding in or 6
55	55	before any court, grand jury, department, officer, agency, regulatory body, legislative 7
56	56	committee, or other authority of this State, or any political subdivision of this State if: 8
57	57
58	58	(1) At least one of the parties to the communication was outside the State 9
59	59	during the communication; 10
60	60
61	61	(2) The interception was not made as part of or in furtherance of an 11
62	62	investigation conducted by or on behalf of law enforcement officials of this State; and 12
63	63
64	64	(3) All parties to the communication were co–conspirators in a crime of 13
65	65	violence as defined in § 14–101 of the Criminal Law Article. 14
66	66
67	67	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF ANY WIRE, 15
68	68	ORAL, OR ELECTRONIC COMMUN ICATION HAS BEEN INT ERCEPTED, THE CONTENTS 16
69	69	OF THE COMMUNICATION AND EVIDENCE DERIVED FROM THE COMMUNICATI ON 17
70	70	MAY BE RECEIVED IN E VIDENCE IN ANY TRIAL , HEARING, OR OTHER PROCEEDING IN 18
71	71	OR BEFORE ANY COURT , GRAND JURY , DEPARTMENT , OFFICER, AGENCY, 19
72	72	REGULATORY BODY , LEGISLATIVE COMMITTE E, OR OTHER AUTHORITY O F THIS 20
73	73	STATE, OR ANY POLITICAL SUB DIVISION OF THIS STATE IF A COURT DETERMINES 21
74	74	THAT: 22
75	75
76	76	(I) THE CONTENTS OF THE C OMMUNICATION AND EVIDENCE 23
77	77	DERIVED FROM THE COM MUNICATION ARE OFFERED AS EVIDE NCE OF A MATERIAL 24
78	78	FACT; 25
79	79
80	80	(II) THE INTERCEPTION WAS NOT MADE AS PART OF OR IN 26
81	81	FURTHERANCE OF AN INVESTIGATION CONDUC TED BY OR ON BEHALF OF LAW 27
82	82	ENFORCEMENT OFFICIAL S OF THIS STATE; 28
83	83
84	84	(III) THE CONTENTS OF THE COMM UNICATION AND EVIDENCE 29
85	85	DERIVED FROM THE COM MUNICATION ARE MORE PROBATIVE O N THE POINT FOR 30
86	86	WHICH THEY ARE OFFER ED THAN ANY OTHER EV IDENCE THAT THE PROPONENT C AN 31
87	87	PROCURE THROUGH REAS ONABLE EFFORTS ; AND 32
88	88
89	89	(IV) THE INTEREST OF JUSTICE WILL BE BEST SERVED BY THE 33
90	90	ADMISSION INTO EVIDENCE OF THE CONTENTS OF THE COMMUNICATION AND 34
91	91	EVIDENCE DERIVED FRO M THE COMMUNICATION . 35
92	92	HOUSE BILL 314 3
93	93
94	94
95	95	(2) THE CONTENTS OF A COMMUNICATION AND EVIDENCE DERIVED 1
96	96	FROM THE COMMUNICATI ON MAY NOT BE RECEIVED IN EVIDENCE UNDER 2
97	97	PARAGRAPH (1) OF THIS SUBSECTION UNLESS THE PROPONENT PROVID ES THE 3
98	98	ADVERSE PARTY , SUFFICIENTLY IN ADVA NCE OF THE TRIAL OR HEARING TO ALLOW 4
99	99	THE ADVERSE PARTY A FAIR OPPORTUNITY TO PREPARE, WITH: 5
100	100
101	101	(I) NOTICE OF THE INTENTION TO OFFER T HE CONTENTS OF 6
102	102	THE COMMUNICATION AND EVIDENCE DERIVED FROM THE COMMUNICATI ON; AND 7
103	103
104	104	(II) THE NAME AND ADDRESS OF THE PARTY WHOSE 8
105	105	COMMUNICATION WAS IN TERCEPTED. 9
106	106
107	107	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
108	108	October 1, 2025. 11