WILLIAM DONALD SCHAEFER, Governor Ch. 527

officers, employees, and agents, landlords, custodians or other
persons to provide information, facilities, or technical
assistance to persons authorized by federal or State law to
intercept wire, oral, or electronic communications or to conduct
electronic surveillance, if the provider, its officers,
employees, or agents, landlord, custodian, or other specified
person has been provided with a court order signed by the
authorizing judge directing the provision of information,
facilities, or technical assistance.

2. The order shall set forth the period
of time during which the provision of the information,
facilities, or technical assistance is authorized and specify the
information, facilities, or technical assistance required. A
provider of wire or electronic communication service, its
officers, employees, or agents, or landlord, custodian, or other
specified person may not disclose the existence of any
interception or surveillance or the device used to accomplish the
interception or surveillance with respect to which the person has
been furnished an order under this subparagraph, except as may
otherwise be required by legal process and then only after prior
notification to the judge who granted the order, if appropriate,
or the State's Attorney of the county where the device was used.
Any such disclosure, shall render the person liable for
compensatory damages. No cause of action shall lie in any court
against any provider of wire or electronic communication service,
its officers, employees, or agents, landlord, custodian, or other
specified person for providing information, facilities, or
assistance in accordance with the terms of a court order under
this subtitle.

(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, oral, or electronic communication in
order to provide evidence of the commission of the offenses of
murder, kidnapping, RAPE, A SEXUAL-OFFENSE IN THE FIRST OR SECOND
DEGREE, CHILD ABUSE, FELONY THEFT, gambling, robbery, any felony
punishable under the "Arson and Burning" subheading of Article
27, bribery, extortion, or dealing in controlled dangerous
substances, including violations of Article 27, § 286B or § 287A,
or any conspiracy or solicitation to commit any of these
offenses, or where any person has created a barricade situation
and probable cause exists for the investigative or law
enforcement officer to believe a hostage or hostages may be
involved, where the person is a party to the communication or one
of the parties to the communication has given prior consent to
the interception.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

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