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ROBERT L. EHRLICH, JR., Governor S.B. 643
obstructing justice to those crimes for which evidence may be gathered by
interception of oral, wire, or electronic communications; and generally relating
to wiretap and electronic surveillance and obstructing justice.
BY repealing and reenacting, with amendments,
Article — Courts and Judicial Proceedings
Section 10-402(c)(2)
Annotated Code of Maryland
(2002 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
10-402.
(c) (2) (i) This paragraph applies to an interception in which:
1. The investigative or law enforcement officer or other
person is a party to the communication; or
2. One of the parties to the communication has given prior
consent to the interception.
(ii) It is lawful under this subtitle for an investigative or law
enforcement officer acting in a criminal investigation or any other person acting at
the prior direction and under the supervision of an investigative or law enforcement
officer to intercept a wire, oral, or electronic communication in order to provide
evidence:
1. Of the commission of:
A. Murder;
B. Kidnapping;
C. Rape;
D. A sexual offense in the first or second degree;
E. Child abuse;
F. Child pornography under § 11-207, § 11-208, or §
11-208.1 of the Criminal Law Article;
G. Gambling;
H. Robbery under § 3-402 or § 3-403 of the Criminal Law
Article;
I. A felony under Title 6, Subtitle 1 of the Criminal Law
Article;
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