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VETOES
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H.B. 610
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Wiretapping and Electronic Surveillance - Vehicle Theft
FOR the purpose of making it lawful for an investigative or law enforcement officer to
intercept a wire, oral, or electronic communication in the course of a certain
investigation in order to provide evidence of the commission of vehicle theft
under certain circumstances; and generally relating to interception of wire, oral,
or electronic communications in the course of law enforcement investigations of
vehicle theft.
BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 10-402
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
10-402.
(a) Except as otherwise specifically provided in this subtitle it is unlawful for
any person to:
(1) Wilfully intercept, endeavor to intercept, or procure any other person
to intercept or endeavor to intercept, any wire, oral, or electronic communication;
(2) Wilfully disclose, or endeavor to disclose, to any other person the
contents of any wire, oral, or electronic communication, knowing or having reason to
know that the information was obtained through the interception of a wire, oral, or
electronic communication in violation of this subtitle; or
(3) Wilfully use, or endeavor to use, the contents of any wire, oral, or
electronic communication, knowing or having reason to know that the information
was obtained through the interception of a wire, oral, or electronic communication in
violation of this subtitle.
(b) Any person who violates subsection (a) of this section is guilty of a felony
and is subject to imprisonment for not more than 5 years or a fine of not more than
$10,000, or both.
(c) (1) (i) It is lawful under this subtitle for an operator of a switchboard,
or an officer, employee, or agent of a provider of wire or electronic communication
service, whose facilities are used in the transmission of a wire or electronic
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 provider of
that service, except that a provider of wire communications service to the public may
not utilize service observing or random monitoring except for mechanical or service
quality control checks.
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- 4130 -
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