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