BLAIR LEE III, Acting Governor                            1425

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article — Courts and Judicial Proceedings

10-402.

(c) (1) (i) It is lawful under this subtitle for
an operator of a switchboard, or an officer, employee, or
agent of any communication common carrier, whose facilities
are used in the transmission of a wire communication to
intercept, disclose, or use that communication in the normal
course of his employment while engaged in any activity which
is a necessary incident to the rendition of his service or
to the protection of the rights or property of the carrier
of the communication. Provided, the communication common
carriers may not utilize service observing or random
monitoring except for mechanical or service quality control
checks.

(ii) It is lawful under this subtitle for
an officer, employee, or agent of any communication common
carrier to provide information, facilities, or technical
assistance to an investigative or law enforcement officer
who, pursuant to this subtitle, is authorized to intercept a
wire or oral communication.

(2)    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
or oral communication in order to provide evidence of the
commission of the offenses of murder, kidnapping, gambling,

robbery, ARSON ANY FELONY PUNISHABLE UNDER THE__LARSON__AND

BURNING"__SUBHEADING__OF ARTICLE 27, bribery, extortion, or

dealing in controlled dangerous substances, or any
conspiracy to commit any of these offenses, where the person
is a party to the communication or one of the parties to the
communication has given prior consent to the interception.

(3)    It is lawful under this subtitle for a
person to intercept a wire or oral communication where the
person is a party to the communication and where all of the
parties to the communication have given prior consent to the
interception unless the communication is intercepted for the
purpose of committing any criminal or tortious act in
violation of the Constitution or laws of the United States
or of this State or for the purpose of committing any other
injurious act.

(4)    It is lawful under this subtitle for an
officer, employee, or agent of a governmental emergency
communications center to intercept a wire or oral
communication where the officer, agent or employee is a
party to a conversation concerning an emergency.