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ROBERT L. EHRLICH, JR., Governor Ch. 329
[(vi)] (V) If the State loses the appeal, the jurisdiction shall pay all
the costs related to the appeal, including reasonable attorney fees incurred by the
defendant as a result of the appeal.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any appeal taken by the State before the effective date
of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved May 10, 2005.
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CHAPTER 329
(Senate Bill 645)
AN ACT concerning
Wiretap and Electronic Surveillance - Court Order - Obstructing Justice
FOR the purpose of adding certain offenses committed with the intention of
obstructing justice to those crimes for which application may be made for a court
order authorizing the interception of oral, wire, or electronic communications;
and generally relating to wiretap and electronic surveillance and obstructing
justice.
BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 10-406
Annotated Code of Maryland
(2002 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
10-406.
(a) The Attorney General, State Prosecutor, or any State's Attorney may apply
to a judge of competent jurisdiction, and the judge, in accordance with the provisions
of § 10-408 of this subtitle, may grant an order authorizing the interception of wire,
oral, or electronic communications by investigative or law enforcement officers when
the interception may provide or has provided evidence of the commission of:
(1) Murder;
(2) Kidnapping;
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