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MD HB314

MD HB314
Wiretapping and Electronic Surveillance - Intercepted Communications - Admissibility of Evidence


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Providing that the contents of a certain intercepted communication and evidence derived from the communication may be received in evidence in a certain proceeding under certain circumstances.

AI Summary

This bill modifies Maryland's laws regarding the admissibility of intercepted communications as evidence in legal proceedings. Currently, intercepted communications are generally not admissible in court if their disclosure would violate state law. The bill creates two new exceptions to this rule: First, if a communication was legally intercepted in another jurisdiction and meets specific conditions (such as involving co-conspirators in a violent crime and having at least one party outside Maryland), the communication may be admissible. Second, a court may allow intercepted communications as evidence if it determines that the communication is crucial to proving a material fact, was not part of a law enforcement investigation in Maryland, is more probative than other available evidence, and serves the interests of justice. To use this second exception, the party introducing the evidence must provide advance notice to the other party, including the identity and contact information of the intercepted communication's participants. Importantly, the bill adds procedural safeguards to ensure fairness and protect against improper use of intercepted communications. The law is set to take effect on October 1, 2025, giving legal professionals and agencies time to prepare for the new regulations.

Committee Categories

Justice

Sponsors (2)

Last Action

House Judiciary Hearing (13:00:00 2/4/2025 ) (on 02/04/2025)

bill text


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