J. MILLARD TAWES, Governor                        213

unlawful for any person to manufacture or make any eavesdropping
and/or wire tapping device unless he registers such device in ac-
cordance with Subsection (a), before or immediately upon the com-
pletion of such device. From and after the effective date of this
Act, it shall be unlawful for any person to sell, loan, give, or other-
wise transfer any such device, unless such device has been registered
and the information required by Subsection (a) furnished with
respect both to the transferor and prospective transferee. From
and after January 1, 1966, it shall be unlawful for any person
to possess such a device which has NOT been registered in accordance
with Subsection (a).

(c)    Violation of any provision of Subsection (b) shall constitute
a misdemeanor, punishable upon conviction thereof by a fine of not
more than five hundred dollars ($500.00) or imprisonment for not
more than one year or both. Any such device may be seized upon
court order or under a warrant; and upon conviction of a violation
of Subsection (b), the device with respect to which such violation
was committed shall be forfeited to the State of Maryland, the
same to be delivered to the State Police.

(d)    As used in this section, the terms "wire tapping and/or
eavesdropping device" and "device" include every device, instru-
ment, apparatus, or equipment, which is designed or ESPECIALLY
RE-DESIGNED TO BE ADAPTED OR ACTUALLY adapted for
the purpose of (1) SECRETLY overhearing or reporting any part of
the conversation or words spoken to or by any person in private con-
versation without the knowledge or consent, expressed or implied, of
that person, (2) intercepting or obtaining or attempting to obtain
the whole or any part of a telephonic or telegraphic communication
without the knowledge and consent of the participants thereto. As
used in the preceding subsections of this section "person" includes
any firm, association, or corporation; provided, however, that nothing
in this section shall be construed or appiled APPLIED to affect (1) a
public law enforcement officer of this State in the duly authorized per-
formance of his duties, (2) and OR (2) an employee of a telephone or
telegraph company, as its terms are defined in Article 78 of this
Code, while in the regular course of his employment by such com-
pany and engaged in company business.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1965.

Approved April 8, 1965.

CHAPTER 202
(Senate Bill 8)

AN ACT to add a new Section 360 to Article 41 of the Annotated Code
of Maryland (1957 Edition and 1964 Supplement), title "Governor—
Executive and Administrative Departments", to follow immediately-
after Section 359 thereof, and to be under the new subtitle "31.
Capital City Commission", creating the Maryland Commission on
the Capital City, providing generally for its membership, em-