ROBERT L. EHRLICH, JR., Governor                            Ch. 194

(i) §§ 5-601 through 5-609, §§ 5-612 through 5-614, § 5-617, §
5-619, or § 5-628 of the Criminal Law Article, relating to controlled dangerous
substances;

(ii) § 2-201 or § 2-204 of the Criminal Law Article, relating to
murder; or

(iii) § 11-207 or § 11-208 of the Criminal Law Article, relating to
pornography.

(2). Notwithstanding any provision of the Maryland Rules, a circuit court
judge or District Court judge, 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 not
exceeding 30 days.

(3)     A finding of good cause required by paragraph (2) of this subsection is
established by evidence that:

(i) the criminal investigation to which the affidavit is related is of
a continuing nature and likely to yield further information that could be of use in
prosecuting alleged criminal activities; and

(ii) the failure to maintain the confidentiality of the investigation
would:

1.      jeopardize the use of information already obtained in the
investigation;

2.       impair the continuation of the investigation; or

3.      jeopardize the safety of a source of information.

(4)     After the order sealing the affidavit expires, the affidavit shall be:
(i) unsealed; and

(ii) delivered within 15 days:

1.       to the person from whom the property was taken; or

2.       if that person is not on the premises at the time of delivery,
to the person apparently in charge of the premises from which the property was
taken.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2004.

Approved April 27, 2004.

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