EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0038*
SENATE BILL 38
E2 5lr1160
HB 274/24 – JUD (PRE–FILED) CF HB 130
By: Senator West
Requested: October 9, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Intercepted Communications – Penalty 2
FOR the purpose of reclassifying, as a misdemeanor instead of a felony, a certain offense 3
relating to the prohibition against intercepting and disclosing any wire, oral, or 4
electronic communications; and generally relating to intercepted communications. 5
BY repealing and reenacting, without amendments, 6
Article – Courts and Judicial Proceedings 7
Section 10–402(a) 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Courts and Judicial Proceedings 12
Section 10–402(b) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Courts and Judicial Proceedings 18
10–402. 19
(a) Except as otherwise specifically provided in this subtitle it is unlawful for any 20
person to: 21
(1) Willfully intercept, endeavor to intercept, or procure any other person 22
to intercept or endeavor to intercept, any wire, oral, or electronic communication; 23 2 SENATE BILL 38
(2) Willfully disclose, or endeavor to disclose, to any other person the 1
contents of any wire, oral, or electronic communication, knowing or having reason to know 2
that the information was obtained through the interception of a wire, oral, or electronic 3
communication in violation of this subtitle; or 4
(3) Willfully use, or endeavor to use, the contents of any wire, oral, or 5
electronic communication, knowing or having reason to know that the information was 6
obtained through the interception of a wire, oral, or electronic communication in violation 7
of this subtitle. 8
(b) Any person who violates subsection (a) of this section is guilty of a [felony] 9
MISDEMEANOR and is subject to imprisonment for not more than 5 years or a fine of not 10
more than $10,000, or both. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2025. 13