Ch. 105

1994 LAWS OF MARYLAND

(3) THE PENALTIES IMPOSED UNDER THIS SECTION MAY BE IMPOSED
SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR
ANY OTHER OFFENSE BASED UPON THE ACT OR ACTS ESTABLISHING A VIOLATION
OF THIS SECTION.

(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PENALTY
IMPOSED FOR A VIOLATION PURSUANT TO SUBSECTION (F)(2) OF THIS SECTION
SHALL BE MANDATORY AND NOT SUBJECT TO SUSPENSION.

233B.

(a) (1) An authorized insurer, its employees, producers, as that term is defined
in § 243L of this article, or agents, who have probable cause to believe that insurance
fraud, including violations of [§§ 233 and 233A] § 233 of this subtitle, has been or is being
committed, shall report the suspected insurance fraud in writing to the appropriate
federal, State, or local law enforcement authorities.

(2)     An agent as defined in § 166(b) of this article shall satisfy the agent's
obligation under this subsection by reporting the suspected insurance fraud in writing to
the Insurance Commissioner.

(3)      IN ADDITION TO ANY PROTECTION AFFORDED UNDER § 10-618 OF
THE STATE GOVERNMENT ARTICLE, ANY INFORMATION, DOCUMENTATION, OR
OTHER EVIDENCE PROVIDED UNDER THIS SUBSECTION BY AN INSURER, ITS
EMPLOYEES, PRODUCERS, AND AGENTS TO THE COMMISSIONER, THE INSURANCE
FRAUD UNIT, OR TO ANY OTHER LAW ENFORCEMENT AGENCY IN CONNECTION
WITH ANY INVESTIGATION OF SUSPECTED INSURANCE FRAUD IS NOT SUBJECT TO
PUBLIC INSPECTION FOR SO LONG AS THE COMMISSIONER, INSURANCE FRAUD
UNIT, OR OTHER LAW ENFORCEMENT AGENCY DEEMS THE WITHHOLDING TO BE
NECESSARY TO COMPLETE AN INVESTIGATION OF THE SUSPECTED FRAUD OR TO
PROTECT THE PERSON OR ENTITY INVESTIGATED FROM UNWARRANTED INJURY.

Article - Courts and Judicial Proceedings

10-402.

(c) (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, 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, FRAUDULENT
INSURANCE ACTS, AS DEFINED IN ARTICLE 48A, § 233 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.

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