EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0706*
HOUSE BILL 706
E2 5lr0954
HB 274/24 – JUD
By: Delegate Grammer
Introduced and read first time: January 24, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Intercepted Communications – Statute of Limitations and Penalties 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 the offense as a misdemeanor instead 5
of a felony; providing that certain provisions do not limit the amount of restitution 6
that may be ordered for a certain violation; and generally relating to intercepted 7
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
Annotated Code of Maryland 22
(2020 Replacement Volume and 2024 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Courts and Judicial Proceedings 26 2 HOUSE BILL 706
5–106. 1
(a) Except as provided by this section, § 1–303 of the Environment Article, and § 2
8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall be 3
instituted within 1 year after the offense was committed. 4
(b) Notwithstanding § 9–103(a)(3) of the Correctional Services Article or any 5
other provision of the Code, if a statute provides that a misdemeanor is punishable by 6
imprisonment in the penitentiary or that a person is subject to this subsection: 7
(1) The State may institute a prosecution for the misdemeanor at any time; 8
and 9
(2) For purposes of the Maryland Constitution, the person: 10
(i) Shall be deemed to have committed a misdemeanor whose 11
punishment is confinement in the penitentiary; and 12
(ii) May reserve a point or question for in banc review as provided 13
under Article IV, § 22 of the Maryland Constitution. 14
(JJ) A CRIMINAL PROSECUTION OR SUIT FOR A CIVIL PENALTY FOR AN 15
OFFENSE UNDER § 10–402(A) OF THIS ARTICLE SHAL L BE INSTITUTED WITH IN 5 16
YEARS AFTER THE OFFE NSE WAS COMMITTED . 17
10–402. 18
(a) Except as otherwise specifically provided in this subtitle it is unlawful for any 19
person to: 20
(1) Willfully intercept, endeavor to intercept, or procure any other person 21
to intercept or endeavor to intercept, any wire, oral, or electronic communication; 22
(2) Willfully disclose, or endeavor to disclose, to any other person the 23
contents of any wire, oral, or electronic communication, knowing or having reason to know 24
that the information was obtained through the interception of a wire, oral, or electronic 25
communication in violation of this subtitle; or 26
(3) Willfully use, or endeavor to use, the contents of any wire, oral, or 27
electronic communication, knowing or having reason to know that the information was 28
obtained through the interception of a wire, oral, or electronic communication in violation 29
of this subtitle. 30
(b) (1) Any person who violates subsection (a) of this section is guilty of a 31
[felony] MISDEMEANOR and is subject to imprisonment for not more than 5 years or a fine 32
of not more than $10,000, or both. 33 HOUSE BILL 706 3
(2) TITLE 11, SUBTITLE 6 OF THE CRIMINAL PROCEDURE ARTICLE 1
MAY NOT BE CONSTRUED TO LIMIT THE AMOUNT OF RESTITUTION ORDER ED TO BE 2
PAID TO A VICTIM OF A VIOLATION OF SUBSE CTION (A) OF THIS SECTION. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5