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Ch. 26
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2002 LAWS OF MARYLAND
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(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
STATE OFFICIAL OR EMPLOYEE MAY NOT DIRECTLY OR INDIRECTLY MONITOR OR
RECORD IN ANY MANNER A TELEPHONE CONVERSATION MADE TO OR FROM A STATE
UNIT.
(2) IF PRIOR APPROVAL IS GRANTED BY THE ATTORNEY GENERAL, A
STATE OFFICIAL OR EMPLOYEE MAY MONITOR OR RECORD A TELEPHONE
CONVERSATION:
(I) ON TELEPHONE LINES USED EXCLUSIVELY FOR INCOMING
POLICE, FIRE, AND RESCUE CALLS; OR
(II) WITH RECORDER-CONNECTOR EQUIPMENT THAT
AUTOMATICALLY PRODUCES A DISTINCTIVE RECORDER TONE REPEATED AT
APPROXIMATELY 15-SECOND INTERVALS.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND IS
SUBJECT TO A FINE NOT EXCEEDING $1,000.
(C) DISMISSAL.
CONVICTION OF A VIOLATION OF THIS SECTION IS ALSO GROUNDS FOR
IMMEDIATE DISMISSAL FROM STATE EMPLOYMENT.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 555B.
In subsection (a) of this section, the reference to authorizing a State official
or employee to monitor or record a telephone conversation on telephone
lines used exclusively for incoming police, fire, and rescue calls with prior
approval of the Attorney General is substituted for the former qualification
that on telephone lines used for incoming police, fire, and rescue calls "it is
not necessary to append" a recorder tone for clarity.
Also in subsection (a) of this section, the former phrase "contains a device"
is deleted as surplusage.
Subsection (a)(2) of this section is revised to require only a single approval
from the Attorney General to monitor a telephone conversation generally,
using a 15-second beep tone, and to monitor a line used exclusively for
incoming police, fire, and rescue calls, known as a "tone waiver eligible"
telephone line and on which the beep tone is not used. Former Art. 27, §
555B(a) was unclear as to whether a single approval for monitoring
sufficed, or whether a second, specific approval was needed to monitor
without the beep tone on a tone waiver eligible line. The Attorney General
advises that the practice has been to regard the general approval to
monitor as tacit approval to monitor on a tone waiver eligible line. The
revision reflects the practice of the Attorney General. See Letter of Advice
from Attorney General J. Joseph Curran, Jr. to Judge Alan M. Wilner, p. 16
(October 17, 2000).
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- 688 -
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