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2817
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MARVIN MANDEL, Governor
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ADMINISTRATOR SHALL TRANSMIT TO THE GENERAL ASSEMBLY A
FULL AND COMPLETE REPORT CONCERNING THE NUMBER OF
APPLICATIONS FOR ORDERS AUTHORIZING OR APPROVING THE
INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS AND THE
NUMBER OF ORDERS AND EXTENSIONS GRANTED OR DENIED DURING
THE PRECEDING CALENDAR YEAR. THE REPORT SHALL INCLUDE A
SUMMARY AND ANALYSIS OF THE DATA REQUIRED TO BE FILED
WITH THE ADMINISTRATIVE OFFICE BY SUBSECTIONS (A) AND (B)
OF THIS SECTION. THE DIRECTOR OF THE ADMINISTRATIVE
OFFICE OF THE COURTS STATE COURT ADMINISTRATOR IS
AUTHORIZED TO ISSUE BINDING REGULATIONS DEALING WITH THE
CONTENT AND FORM OF THE REPORTS REQUIRED TO BE FILED BY
SUBSECTIONS (A) AND (B) OF THIS SECTION.
10-410.
(A) ANY PERSON WHOSE WIRE OR ORAL COMMUNICATION IS
INTERCEPTED, DISCLOSED, OR USED IN VIOLATION OF THIS
SUBTITLE SHALL HAVE A CIVIL CAUSE OF ACTION AGAINST ANY
PERSON WHO INTERCEPTS, DISCLOSES, OR USES, OR PROCURES
ANY OTHER PERSON TO INTERCEPT, DISCLOSE, OR USE THE
COMMUNICATIONS, AND BE ENTITLED TO RECOVER FROM ANY
PERSON:
(1) ACTUAL DAMAGES BUT NOT LESS THAN
LIQUIDATED DAMAGES COMPUTED AT THE RATE OF $100 A DAY FOR
EACH DAY OF VIOLATION OR $1,000, WHICHEVER IS HIGHER;
(2) PUNITIVE DAMAGES; AND
(3) A REASONABLE ATTORNEY'S FEE AND OTHER
LITIGATION COSTS REASONABLY INCURRED.
(B) A GOOD FAITH RELIANCE ON A COURT ORDER OR
LEGISLATIVE AUTHORIZATION SHALL CONSTITUTE A COMPLETE
DEFENSE TO ANY CIVIL OR CRIMINAL ACTION BROUGHT UNDER
THIS SUBTITLE OR UNDER ANY OTHER LAW.
10-411.
(A) LAW-ENFORCEMENT AGENCIES IN THE STATE SHALL
REGISTER WITH THE DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES ALL ELECTRONIC, MECHANICAL OR OTHER
DEVICES WHOSE DESIGN RENDERS THEM PRIMARILY USEFUL FOR
THE PURPOSE OF THE SURREPTITIOUS INTERCEPTION OF WIRE AND
ORAL COMMUNICATIONS WHICH ARE OWNED BY THEM OR POSSESSED
BY OR IN THE CONTROL OF THE AGENCY, THEN EMPLOYEES OR
AGENTS. ALL SUCH DEVICES SHALL BE REGISTERED WITHIN TEN
DAYS FROM THE DATE ON WHICH THE DEVICES CAME INTO THE
POSSESSION OR CONTROL OF THE AGENCY, THEIR EMPLOYEES OR
AGENTS.
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(B) INFORMATION TO BE FURNISHED WITH SUCH
REGISTRATION SHALL INCLUDE THE NAME AND ADDRESS OF THE
AGENCY AS WELL AS A DETAILED DESCRIPTION OF EACH DEVICE
REGISTERED AND THE FULLER FURTHER INFORMATION AS THE
DIRECTOR MAY REQUIRE.
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