EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0392*
HOUSE BILL 392
D1, C9 5lr1873
HB 392/24 – JUD CF SB 107
By: Delegates Bartlett, Hill, Simmons, Stewart, and Young
Introduced and read first time: January 16, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Evidence – Interception of Oral Communications – Fair Housing Testing 2
FOR the purpose of providing that it is lawful for a person to intercept an oral 3
communication if the person is working as a fair housing tester for a certain fair 4
housing testing program under certain circumstances; and generally relating to 5
electronic surveillance. 6
BY adding to 7
Article – Courts and Judicial Proceedings 8
Section 10–401(13) and 10–402(c)(12) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 10–401(13) through (18) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Courts and Judicial Proceedings 19
10–401. 20
As used in this subtitle the following terms have the meanings indicated: 21
(13) “NONPROFIT CIVIL RIGHT S ORGANIZATION ” MEANS: 22
2 HOUSE BILL 392
(I) A QUALIFIED FAIR HOUSI NG ENFORCEMENT 1
ORGANIZATION OR A FA IR HOUSING ORGANIZAT ION AS DEFINED UNDER 24 C.F.R. § 2
125.103; OR 3
(II) AN ORGANIZATION INCOR PORATED UNDER MARYLAND 4
LAW AS A PRIVATE , TAX–EXEMPT CIVIL RIGHTS ORGANIZATION THAT HA S AT LEAST 5
2 YEARS’ EXPERIENCE IN: 6
1. COMPLAINT INTAKE ; 7
2. COMPLAINT INVESTIGATI ON; AND 8
3. TESTING FOR FAIR HOUS ING VIOLATIONS OR 9
ENFORCEMENT OF MERIT ORIOUS CLAIMS . 10
[(13)] (14) (i) “Oral communication” means any conversation or words 11
spoken to or by any person in private conversation. 12
(ii) “Oral communication” does not include any electronic 13
communication. 14
[(14)] (15) “Person” means any employee or agent of this State or a political 15
subdivision thereof, and any individual, partnership, association, joint stock company, 16
trust, or corporation. 17
[(15)] (16) “Readily accessible to the general public” means, with respect to 18
a radio communication, that the communication is not: 19
(i) Scrambled or encrypted; 20
(ii) Transmitted using modulation techniques the essential 21
parameters of which have been withheld from the public with the intention of preserving 22
the privacy of the communication; or 23
(iii) Except for tone–only paging device communications, transmitted 24
over frequencies reserved for private use and licensed for private use under federal or State 25
law. 26
[(16)] (17) “Telephone solicitation theft” means conduct of a person that: 27
(i) Constitutes the offense of theft or attempted theft; and 28
(ii) Involves the use of a telephone to solicit the payment of money. 29
[(17)] (18) “User” means any person or entity that: 30
HOUSE BILL 392 3
(i) Uses an electronic communication service; and 1
(ii) Is duly authorized by the provider of the service to engage in that 2
use. 3
[(18)] (19) “Wire communication” means any aural transfer made in whole 4
or in part through the use of facilities for the transmission of communications by the aid of 5
wire, cable, or other like connection between the point of origin and the point of reception 6
(including the use of a connection in a switching station) furnished or operated by any 7
person licensed to engage in providing or operating such facilities for the transmission of 8
communications. 9
10–402. 10
(c) (12) (I) IT IS LAWFUL UNDER THIS SUB TITLE FOR A PERSON T O 11
INTERCEPT AN ORAL COMMUNICATION I F: 12
1. THE PERSON IS WORKING AS A FAIR HOUSING TE STER 13
FOR A FAIR HOUSING T ESTING PROGRAM OPERA TED BY: 14
A. THE FEDERAL GOVERNMEN T; 15
B. THE STATE; 16
C. A LOCAL GOVERNM ENT; OR 17
D. A NONPROFIT CIVIL RIGH TS ORGANIZATION ; 18
2. THE PERSON IS A PARTY TO THE COMMUNICATION ; 19
AND 20
3. THE INTERCEPTION IS B EING MADE FOR THE 21
PURPOSE OF OBTAINING EVIDENCE OF A FAIR H OUSING VIOLATION UND ER 22
FEDERAL, STATE, OR LOCAL LAW . 23
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 24
PARAGRAPH , NO PART OF THE CONTE NTS OF THE INTERCEPT ED COMMUNICATION 25
AND NO EVIDENCE DERI VED THEREFROM MAY BE RECEIVED IN EVIDENCE IN ANY 26
TRIAL, HEARING, OR OTHER PROCEEDING IN OR BEFORE ANY COU RT, GRAND JURY, 27
DEPARTMENT , OFFICER, AGENCY, REGULATORY BODY , LEGISLATIVE COMMITTE E, 28
OR OTHER AUTHORITY O F THE STATE OR A POLITICAL SUBDIVISION OF THE STATE. 29
(III) THE CONTENTS OF AN IN TERCEPTED ORAL 30
COMMUNICATION MADE I N ACCORDANCE WITH SU BPARAGRAPH (I) OF THIS 31 4 HOUSE BILL 392
PARAGRAPH MAY BE USE D ONLY FOR THE PURPO SE OF ENFORCING FEDE RAL, 1
STATE, OR LOCAL FAIR HOUSIN G LAWS. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 3
October 1, 2025. 4