WILLIAM DONALD SCHAEFER, Governor                   Ch. 679

period of time for which an affidavit may be sealed
providing for the termination of this Act; requiring that
the affidavit be delivered to a certain person within a
certain period of time; and defining certain terms.

BY adding to

Article 27 - Crimes and Punishments

Section 551(d)

Annotated Code of Maryland

(1982 Replacement Volume and 1987 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

551.

(D) (1) IN THIS SUBSECTION, "GOOD CAUSE" SHALL BE
ESTABLISHED BY EVIDENCE OF THE FOLLOWING:

(I)  THE CRIMINAL INVESTIGATION TO WHICH THE
AFFIDAVIT IS RELATED IS OF A SERIOUS AND AN ONGOING NATURE AND
LIKELY TO YIELD FURTHER INFORMATION WHICH COULD BE OF USE IN
PROSECUTING ALLEGED CRIMINAL ACTIVITIES; AND

(II)  THE FAILURE TO MAINTAIN THE
CONFIDENTIALITY OF THE INVESTIGATION WOULD JEOPARDIZE THE USE OF
INFORMATION ALREADY OBTAINED IN THE INVESTIGATION, WOULD IMPAIR
THE CONTINUATION OF THE INVESTIGATION, OR WOULD JEOPARDIZE THE
SAFETY OF A SOURCE OF INFORMATION.

(2)  IN THIS SUBSECTION, "CRIMINAL INVESTIGATION"
MEANS INQUIRIES INTO ALLEGED CRIMINAL ACTIVITIES IN VIOLATION OF
ARTICLE 27, §§ 286, 286A, 286B, 286C, 287, AND 287A OF THE CODE
CONDUCTED BY A LAW ENFORCEMENT AGENCY, A GRAND JURY, OR A STATE'S
ATTORNEY UNDER ARTICLE 10, § 39A OF THE CODE.

(3) (I) NOTWITHSTANDING ANY PROVISION OF THE MARYLAND
RULES OF CRIMINAL PROCEDURE, A JUDGE OF THE DISTRICT COURT OR
CIRCUIT COURT, ON A FINDING OF GOOD CAUSE, MAY ORDER THAT AN
AFFIDAVIT PRESENTED IN SUPPORT OF A SEARCH AND SEIZURE WARRANT
BE SEALED FOR A PERIOD OF NOT MORE THAN 30 DAYS.

(II) ON A FURTHER FINDING OF GOOD CAUSE, THE
COURT MAY GRANT 2 MORE EXTENSIONS.

(III) THE PERIODS OF EXTENSION MAY NOT EXCEED
90 DAYS IN THE AGGREGATE.

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