1066                             Laws of Maryland                       [Ch. 706

Punishments", sub-title "Electronic Devices", to follow immediately
after Section 125 thereof, making it generally unlawful to use any
electronic device to overhear words spoken by a person in private
conversation without the consent of the other person; describing
the circumstances under and the manner in which electronic devices
may be so used; and relating generally to the use and prohibition
of electronic devices for overhearing words spoken in private con-
versation.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 125A, 125B and 125C be and they are hereby
added to Article 27 of the Annotated Code of Maryland (1957 Edi-
tion), title "Crimes and Punishments", sub-title "Electronic De-
vices", to follow immediately after Section 125 thereof and all to
read as follows:

Electronic Devices

125A. (a) It is unlawful for any person in this State to use any
electronic device or other device or equipment of any type whatso-
ever in such manner as to overhear or record any part of the con-
versation or words spoken to or by any person in private conversa-
tion without the knowledge or consent, expressed or implied, of that
other person.

(b) However, if it shall appear to a duly authorized public law
enforcement officer of this State that a crime has been, or is being,
or is about to be committed, and that the use of such electronic de-
vices are required to prevent the commission of the said crime, or
to apprehend the persons who shall have committed it, then the law
enforcement officer or officers shall submit to the State's Attorney
of the county or of Baltimore City the evidence upon which the said
law enforcement officer bases his contention that an ex parte order
authorizing the use of the said electronic devices is necessary; and
if it shall appear to the said State's Attorney that there are reason-
able grounds to believe that a crime has been committed or is being
committed or may be committed then the said State's Attorney shall
apply to any of the Judges of the Circuit Court of the county or of
the Supreme Bench of Baltimore City, by means of a formal ex parte
petition for the issuance of an order authorizing the use of the said
electronic devices or equipment, and shall make oath or affirm in
the said petition that there is probable cause to believe that a crime
may be, or is being, or has been committed and shall state the facts
upon which said probable cause is based, and further, that the use
of the said electronic devices or equipment is necessary in order to
prevent the commission of, or to secure evidence of the commission
of such crime. In such case the affiant shall identify, with reason-
able particularity, the device or devices to be used, the place or
places where they are to be used, the person or persons whose con-
versation is to be intercepted, the crime or crimes which are sus-
pected to have been, or about to be committed, and that the evidence
thus obtained will be used solely in connection with an investigation
or prosecution of the said crimes before any such ex parte order
shall be issued. The applicant must state whether any prior applica-
tion has been made in the same matter and if such prior application
exists the applicant shall disclose the present status thereof.