Maryland 2025 Regular Session

Maryland Senate Bill SB107 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0107
9	6
10	7		SENATE BILL 107
11	8		D1, C9 5lr1275
12		-	SB 57/24 – JPR (PRE–FILED) CF ~~HB 392~~
	9	+	SB 57/24 – JPR (PRE–FILED) CF 5lr1873
13	10		By: Senator Sydnor
14	11		Requested: October 18, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Judicial Proceedings
17		-	Committee Report: Favorable
18		-	Senate action: Adopted
19		-	Read second time: February 23, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Evidence – Interception of Oral Communications – Fair Housing Testing 2
26	20
27	21		FOR the purpose of providing that it is lawful for a person to intercept an oral 3
28	22		communication if the person is working as a fair housing tester for a certain fair 4
29	23		housing testing program under certain circumstances; and generally relating to 5
30	24		electronic surveillance. 6
31	25
32	26		BY adding to 7
33	27		Article – Courts and Judicial Proceedings 8
34	28		Section 10–401(13) and 10–402(c)(12) 9
35	29		Annotated Code of Maryland 10
36	30		(2020 Replacement Volume and 2024 Supplement) 11
37	31
38	32		BY repealing and reenacting, with amendments, 12
39	33		Article – Courts and Judicial Proceedings 13
40	34		Section 10–401(13) through (18) 14
41	35		Annotated Code of Maryland 15
42	36		(2020 Replacement Volume and 2024 Supplement) 16
43	37
44	38		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
45	39		That the Laws of Maryland read as follows: 18
46	40
47	41		Article – Courts and Judicial Proceedings 19
48		-	2 SENATE BILL 107
49	42
	43	+	10–401. 20
50	44
51		-	~~10–401. 1~~
	45	+	As used in this subtitle the following terms have the meanings indicated: 21
52	46
53		-	As used in this subtitle the following terms have the meanings indicated: 2
54		-
55		-	(13) “NONPROFIT CIVIL RIGHT S ORGANIZATION ” MEANS: 3
56		-
57		-	(I) A QUALIFIED FAIR HOUSI NG ENFORCEMENT 4
58		-	ORGANIZATION OR A FA IR HOUSING ORGANIZAT ION AS DEFINED UNDER 24 C.F.R. § 5
59		-	125.103; OR 6
60		-
61		-	(II) AN ORGANIZATION INCOR PORATED UNDER MARYLAND 7
62		-	LAW AS A PRIVATE , TAX–EXEMPT CIVIL RIGHTS ORGANIZATION THAT HA S AT LEAST 8
63		-	2 YEARS’ EXPERIENCE IN: 9
64		-
65		-	1. COMPLAINT INTAKE ; 10
66		-
67		-	2. COMPLAINT INVESTIGATI ON; AND 11
68		-
69		-	3. TESTING FOR FAIR HOUSING VIOLATI ONS OR 12
70		-	ENFORCEMENT OF MERIT ORIOUS CLAIMS . 13
71		-
72		-	[(13)] (14) (i) “Oral communication” means any conversation or words 14
73		-	spoken to or by any person in private conversation. 15
74		-
75		-	(ii) “Oral communication” does not include any electronic 16
76		-	communication. 17
77		-
78		-	[(14)] (15) “Person” means any employee or agent of this State or a political 18
79		-	subdivision thereof, and any individual, partnership, association, joint stock company, 19
80		-	trust, or corporation. 20
81		-
82		-	[(15)] (16) “Readily accessible to the general public” means, with respect to 21
83		-	a radio communication, that the communication is not: 22
84		-
85		-	(i) Scrambled or encrypted; 23
86		-
87		-	(ii) Transmitted using modulation techniques the essential 24
88		-	parameters of which have been withheld from the public with the intention of preserving 25
89		-	the privacy of the communication; or 26
90		-
91		-	(iii) Except for tone–only paging device communications, transmitted 27
92		-	over frequencies reserved for private use and licensed for private use under federal or State 28
93		-	law. 29
94		-
95		-	[(16)] (17) “Telephone solicitation theft” means conduct of a person that: 30
96		-	SENATE BILL 107 3
97		-
98		-
99		-	(i) Constitutes the offense of theft or attempted theft; and 1
100		-
101		-	(ii) Involves the use of a telephone to solicit the payment of money. 2
102		-
103		-	[(17)] (18) “User” means any person or entity that: 3
104		-
105		-	(i) Uses an electronic communication service; and 4
106		-
107		-	(ii) Is duly authorized by the provider of the service to engage in that 5
108		-	use. 6
109		-
110		-	[(18)] (19) “Wire communication” means any aural transfer made in whole 7
111		-	or in part through the use of facilities for the transmission of communications by the aid of 8
112		-	wire, cable, or other like connection between the point of origin and the point of reception 9
113		-	(including the use of a connection in a switching station) furnished or operated by any 10
114		-	person licensed to engage in providing or operating such facilities for the transmission of 11
115		-	communications. 12
116		-
117		-	10–402. 13
118		-
119		-	(c) (12) (I) IT IS LAWFUL UNDER TH IS SUBTITLE FOR A PE RSON TO 14
120		-	INTERCEPT AN ORAL COMMUNICATION I F: 15
121		-
122		-	1. THE PERSON IS WORKING AS A FAIR HOUSING TE STER 16
123		-	FOR A FAIR HOUSING T ESTING PROGRAM OPERATED BY : 17
124		-
125		-	A. THE FEDERAL GOVERNMEN T; 18
126		-
127		-	B. THE STATE; 19
128		-
129		-	C. A LOCAL GOVERNMENT ; OR 20
130		-
131		-	D. A NONPROFIT CIVIL RIGH TS ORGANIZATION ; 21
132		-
133		-	2. THE PERSON IS A PARTY TO THE COMMUNICATION ; 22
134		-	AND 23
135		-
136		-	3. THE INTERCEPTION IS B EING MADE FOR THE 24
137		-	PURPOSE OF OBTAINING EVIDENCE OF A FAIR H OUSING VIOLATION UND ER 25
138		-	FEDERAL, STATE, OR LOCAL LAW . 26
139		-
140		-	(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 27
141		-	PARAGRAPH , NO PART OF THE CONTE NTS OF THE INTERCEPT ED COMMUNICATION 28
142		-	AND NO EVIDENCE DERI VED THEREFROM MA Y BE RECEIVED IN EVI DENCE IN ANY 29
143		-	TRIAL, HEARING, OR OTHER PROCEEDING IN OR BEFORE ANY COU RT, GRAND JURY, 30 4 SENATE BILL 107
144		-
145		-
146		-	DEPARTMENT , OFFICER, AGENCY, REGULATORY BODY , LEGISLATIVE COMMITTE E, 1
147		-	OR OTHER AUTHORITY O F THE STATE OR A POLITICAL SUBDIVISION OF THE STATE. 2
148		-
149		-	(III) THE CONTENTS OF AN IN TERCEPTED ORAL 3
150		-	COMMUNICATION MADE I N ACCORDANCE WITH SU BPARAGRAPH (I) OF THIS 4
151		-	PARAGRAPH MAY BE USE D ONLY FOR THE PURPO SE OF ENFORCING FEDE RAL, 5
152		-	STATE, OR LOCAL FAIR HOUSIN G LAWS. 6
153		-
154		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
155		-	October 1, 2025. 8
	47	+	(13) “NONPROFIT CIVIL RIGHT S ORGANIZATION ” MEANS: 22 2 SENATE BILL 107
156	48
157	49
158	50
159		-	Approved:
160		-	________________________________________________________________________________
161		-	Governor.
162		-	________________________________________________________________________________
163		-	President of the Senate.
164		-	________________________________________________________________________________
165		-	Speaker of the House of Delegates.
	51	+	(I) A QUALIFIED FAIR HOUSI NG ENFORCEMENT 1
	52	+	ORGANIZATION OR A FA IR HOUSING ORGANIZAT ION AS DEFINED UNDER 24 C.F.R. § 2
	53	+	125.103; OR 3
	54	+
	55	+	(II) AN ORGANIZATION INCOR PORATED UNDER MARYLAND 4
	56	+	LAW AS A PRIVATE , TAX–EXEMPT CIVIL RIGHTS ORGANIZATION THAT HA S AT LEAST 5
	57	+	2 YEARS’ EXPERIENCE IN: 6
	58	+
	59	+	1. COMPLAINT INTAKE ; 7
	60	+
	61	+	2. COMPLAINT INVESTIGATI ON; AND 8
	62	+
	63	+	3. TESTING FOR FAIR HOUS ING VIOLATIONS OR 9
	64	+	ENFORCEMENT OF MERIT ORIOUS CLAIMS . 10
	65	+
	66	+	[(13)] (14) (i) “Oral communication” means any conversation or words 11
	67	+	spoken to or by any person in private conversation. 12
	68	+
	69	+	(ii) “Oral communication” does not include any electronic 13
	70	+	communication. 14
	71	+
	72	+	[(14)] (15) “Person” means any employee or agent of this State or a political 15
	73	+	subdivision thereof, and any individual, partnership, association, joint stock company, 16
	74	+	trust, or corporation. 17
	75	+
	76	+	[(15)] (16) “Readily accessible to the general public” means, with respect to 18
	77	+	a radio communication, that the communication is not: 19
	78	+
	79	+	(i) Scrambled or encrypted; 20
	80	+
	81	+	(ii) Transmitted using modulation techniques the essential 21
	82	+	parameters of which have been withheld from the public with the intention of preserving 22
	83	+	the privacy of the communication; or 23
	84	+
	85	+	(iii) Except for tone–only paging device communications, transmitted 24
	86	+	over frequencies reserved for private use and licensed for private use under federal or State 25
	87	+	law. 26
	88	+
	89	+	[(16)] (17) “Telephone solicitation theft” means conduct of a person that: 27
	90	+
	91	+	(i) Constitutes the offense of theft or attempted theft; and 28
	92	+
	93	+	(ii) Involves the use of a telephone to solicit the payment of money. 29
	94	+
	95	+	[(17)] (18) “User” means any person or entity that: 30 SENATE BILL 107 3
	96	+
	97	+
	98	+
	99	+	(i) Uses an electronic communication service; and 1
	100	+
	101	+	(ii) Is duly authorized by the provider of the service to engage in that 2
	102	+	use. 3
	103	+
	104	+	[(18)] (19) “Wire communication” means any aural transfer made in whole 4
	105	+	or in part through the use of facilities for the transmission of communications by the aid of 5
	106	+	wire, cable, or other like connection between the point of origin and the point of reception 6
	107	+	(including the use of a connection in a switching station) furnished or operated by any 7
	108	+	person licensed to engage in providing or operating such facilities for the transmission of 8
	109	+	communications. 9
	110	+
	111	+	10–402. 10
	112	+
	113	+	(c) (12) (I) IT IS LAWFUL UNDER TH IS SUBTITLE FOR A PE RSON TO 11
	114	+	INTERCEPT AN ORAL COMMUNICATION I F: 12
	115	+
	116	+	1. THE PERSON IS WORKING AS A FAIR HOUSING TE STER 13
	117	+	FOR A FAIR HOUSING T ESTING PROGRAM OPERA TED BY: 14
	118	+
	119	+	A. THE FEDERAL GOVERNMEN T; 15
	120	+
	121	+	B. THE STATE; 16
	122	+
	123	+	C. A LOCAL GOVERNMENT ; OR 17
	124	+
	125	+	D. A NONPROFIT CIVIL RIGH TS ORGANIZATION ; 18
	126	+
	127	+	2. THE PERSON IS A PARTY TO THE COMMUNICATION ; 19
	128	+	AND 20
	129	+
	130	+	3. THE INTERCEPTION IS B EING MADE FOR THE 21
	131	+	PURPOSE OF OBTAINING EVIDENCE OF A FAIR H OUSING VIOLATION UND ER 22
	132	+	FEDERAL, STATE, OR LOCAL LAW . 23
	133	+
	134	+	(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 24
	135	+	PARAGRAPH , NO PART OF THE CONTE NTS OF THE INTERCEPT ED COMMUNICATION 25
	136	+	AND NO EVIDENCE DERI VED THEREFROM MAY BE RECEIVED IN EVIDENCE IN ANY 26
	137	+	TRIAL, HEARING, OR OTHER PROCEEDING IN OR BEFORE ANY COURT , GRAND JURY, 27
	138	+	DEPARTMENT , OFFICER, AGENCY, REGULATORY BODY , LEGISLATIVE COMMITTE E, 28
	139	+	OR OTHER AUTHORITY O F THE STATE OR A POLITICAL SUBDIVISION OF THE STATE. 29
	140	+
	141	+	(III) THE CONTENTS OF AN IN TERCEPTED ORAL 30
	142	+	COMMUNICATION MADE I N ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS 31 4 SENATE BILL 107
	143	+
	144	+
	145	+	PARAGRAPH MAY BE USE D ONLY FOR THE PURPO SE OF ENFORCING FEDE RAL, 1
	146	+	STATE, OR LOCAL FAIR HOUSIN G LAWS. 2
	147	+
	148	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
	149	+	October 1, 2025. 4