Maryland 2025 Regular Session

Maryland House Bill HB392 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	hb0392
6	6
7	7	HOUSE BILL 392
8	8	D1, C9 5lr1873
9	9	HB 392/24 – JUD CF SB 107
10	10	By: Delegates Bartlett, Hill, Simmons, Stewart, and Young
11	11	Introduced and read first time: January 16, 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	Evidence – Interception of Oral Communications – Fair Housing Testing 2
19	19
20	20	FOR the purpose of providing that it is lawful for a person to intercept an oral 3
21	21	communication if the person is working as a fair housing tester for a certain fair 4
22	22	housing testing program under certain circumstances; and generally relating to 5
23	23	electronic surveillance. 6
24	24
25	25	BY adding to 7
26	26	Article – Courts and Judicial Proceedings 8
27	27	Section 10–401(13) and 10–402(c)(12) 9
28	28	Annotated Code of Maryland 10
29	29	(2020 Replacement Volume and 2024 Supplement) 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – Courts and Judicial Proceedings 13
33	33	Section 10–401(13) through (18) 14
34	34	Annotated Code of Maryland 15
35	35	(2020 Replacement Volume and 2024 Supplement) 16
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
38	38	That the Laws of Maryland read as follows: 18
39	39
40	40	Article – Courts and Judicial Proceedings 19
41	41
42	42	10–401. 20
43	43
44	44	As used in this subtitle the following terms have the meanings indicated: 21
45	45
46	46	(13) “NONPROFIT CIVIL RIGHT S ORGANIZATION ” MEANS: 22
47	47	2 HOUSE BILL 392
48	48
49	49
50	50	(I) A QUALIFIED FAIR HOUSI NG ENFORCEMENT 1
51	51	ORGANIZATION OR A FA IR HOUSING ORGANIZAT ION AS DEFINED UNDER 24 C.F.R. § 2
52	52	125.103; OR 3
53	53
54	54	(II) AN ORGANIZATION INCOR PORATED UNDER MARYLAND 4
55	55	LAW AS A PRIVATE , TAX–EXEMPT CIVIL RIGHTS ORGANIZATION THAT HA S AT LEAST 5
56	56	2 YEARS’ EXPERIENCE IN: 6
57	57
58	58	1. COMPLAINT INTAKE ; 7
59	59
60	60	2. COMPLAINT INVESTIGATI ON; AND 8
61	61
62	62	3. TESTING FOR FAIR HOUS ING VIOLATIONS OR 9
63	63	ENFORCEMENT OF MERIT ORIOUS CLAIMS . 10
64	64
65	65	[(13)] (14) (i) “Oral communication” means any conversation or words 11
66	66	spoken to or by any person in private conversation. 12
67	67
68	68	(ii) “Oral communication” does not include any electronic 13
69	69	communication. 14
70	70
71	71	[(14)] (15) “Person” means any employee or agent of this State or a political 15
72	72	subdivision thereof, and any individual, partnership, association, joint stock company, 16
73	73	trust, or corporation. 17
74	74
75	75	[(15)] (16) “Readily accessible to the general public” means, with respect to 18
76	76	a radio communication, that the communication is not: 19
77	77
78	78	(i) Scrambled or encrypted; 20
79	79
80	80	(ii) Transmitted using modulation techniques the essential 21
81	81	parameters of which have been withheld from the public with the intention of preserving 22
82	82	the privacy of the communication; or 23
83	83
84	84	(iii) Except for tone–only paging device communications, transmitted 24
85	85	over frequencies reserved for private use and licensed for private use under federal or State 25
86	86	law. 26
87	87
88	88	[(16)] (17) “Telephone solicitation theft” means conduct of a person that: 27
89	89
90	90	(i) Constitutes the offense of theft or attempted theft; and 28
91	91
92	92	(ii) Involves the use of a telephone to solicit the payment of money. 29
93	93
94	94	[(17)] (18) “User” means any person or entity that: 30
95	95	HOUSE BILL 392 3
96	96
97	97
98	98	(i) Uses an electronic communication service; and 1
99	99
100	100	(ii) Is duly authorized by the provider of the service to engage in that 2
101	101	use. 3
102	102
103	103	[(18)] (19) “Wire communication” means any aural transfer made in whole 4
104	104	or in part through the use of facilities for the transmission of communications by the aid of 5
105	105	wire, cable, or other like connection between the point of origin and the point of reception 6
106	106	(including the use of a connection in a switching station) furnished or operated by any 7
107	107	person licensed to engage in providing or operating such facilities for the transmission of 8
108	108	communications. 9
109	109
110	110	10–402. 10
111	111
112	112	(c) (12) (I) IT IS LAWFUL UNDER THIS SUB TITLE FOR A PERSON T O 11
113	113	INTERCEPT AN ORAL COMMUNICATION I F: 12
114	114
115	115	1. THE PERSON IS WORKING AS A FAIR HOUSING TE STER 13
116	116	FOR A FAIR HOUSING T ESTING PROGRAM OPERA TED BY: 14
117	117
118	118	A. THE FEDERAL GOVERNMEN T; 15
119	119
120	120	B. THE STATE; 16
121	121
122	122	C. A LOCAL GOVERNM ENT; OR 17
123	123
124	124	D. A NONPROFIT CIVIL RIGH TS ORGANIZATION ; 18
125	125
126	126	2. THE PERSON IS A PARTY TO THE COMMUNICATION ; 19
127	127	AND 20
128	128
129	129	3. THE INTERCEPTION IS B EING MADE FOR THE 21
130	130	PURPOSE OF OBTAINING EVIDENCE OF A FAIR H OUSING VIOLATION UND ER 22
131	131	FEDERAL, STATE, OR LOCAL LAW . 23
132	132
133	133	(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 24
134	134	PARAGRAPH , NO PART OF THE CONTE NTS OF THE INTERCEPT ED COMMUNICATION 25
135	135	AND NO EVIDENCE DERI VED THEREFROM MAY BE RECEIVED IN EVIDENCE IN ANY 26
136	136	TRIAL, HEARING, OR OTHER PROCEEDING IN OR BEFORE ANY COU RT, GRAND JURY, 27
137	137	DEPARTMENT , OFFICER, AGENCY, REGULATORY BODY , LEGISLATIVE COMMITTE E, 28
138	138	OR OTHER AUTHORITY O F THE STATE OR A POLITICAL SUBDIVISION OF THE STATE. 29
139	139
140	140	(III) THE CONTENTS OF AN IN TERCEPTED ORAL 30
141	141	COMMUNICATION MADE I N ACCORDANCE WITH SU BPARAGRAPH (I) OF THIS 31 4 HOUSE BILL 392
142	142
143	143
144	144	PARAGRAPH MAY BE USE D ONLY FOR THE PURPO SE OF ENFORCING FEDE RAL, 1
145	145	STATE, OR LOCAL FAIR HOUSIN G LAWS. 2
146	146
147	147	SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 3
148	148	October 1, 2025. 4
149	149