MARVIN MANDEL, Governor                                 317

(1972) the Court of Appeals held invalid Art.
35, §94(f) , on the grounds that its
provisions were less restrictive than those
of pertinent federal law (Title III, Omnibus
Crime Control Act; 18 USCA §2518(4) (e) and
§2518(5)). At the 1973 regular session, the
General Assembly enacted H. B. 962, revising
the wire—tap laws, but this bill was vetoed
by the Governor.

The Code Revision Commission originally
drafted subsection (f) and (g) of §10-403 to
reflect the Siegal. holding. However, the
Senate judicial Proceedings and House
Judiciary Committees concluded that this was
merely a "band—aid" approach to improvement
of the wire-tap law, and proposed an
amendment (which was adopted) to restore to
the Courts Article the language of Art. 35,
§94 (f). The provisions of subsections (f)
and (g) as adopted by the General Assembly
accomplish this objective.

SEC. 10-404. OFFICER PROCEEDING UNDER AN EXPIRED
ORDER.

AN OFFICER WHO KNOWINGLY PROCEEDS ONDER AN ORDER
WHICH HAS EXPIRED AND HAS NOT BEEN RENEWED ACTS
WITHOUT AUTHORITY AND IS SUBJECT TO THE PENALTIES
PROVIDED IN THIS SUBTITLE OR IN §585 OF ARTICLE 27 OF
THIS CODE AS THOUGH HE HAD NEVER OBTAINED AN ORDER.

REVISOR'S NOTE: This section presently appears as
Art. 35, §95. Changes are made in style and
language, and some section references are
omitted.

SEC. 10-405. APPLICATION NOT PUBLIC RECORD.

THE APPLICATION FOR AN ORDER AND SUPPORTING
DOCUMENTS AND TESTIMONY IN CONNECTION WITH IT ARE NOT
PUBLIC RECORDS AND SHALL REMAIN CONFIDENTIAL IN THE
CUSTODY OF THE COURT. THESE MATERIALS MAY NOT BE
RELEASED OR INFORMATION CONCERNING THEM IN ANY MANNER
DISCLOSED EXCEPT UPON WRITTEN ORDER OF THE COURT.

REVISOR'S NOTE: This section presently appears as
Art. 35, §96. Changes are made in style and
language, and a section reference is omitted.

SEC. 10-406. ADMISSIBILITY OF EVIDENCE.