HB0398 • 2026

Public Safety - Persistent Aerial Surveillance

Privacy

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Delegate Grammer
Last action: 2026-01-29
Official status: In the House - Hearing 2/24 at 1:00 p.m.
Effective date: 2026-10-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Public Safety - Persistent Aerial Surveillance

Prohibiting persistent aerial surveillance by a unit, an agency, or a political subdivision of the State to gather evidence or other information in a criminal investigation, subject to certain exceptions; and defining "persistent aerial surveillance" as the use of aircraft to record video or a concurrent series of images or pictures that when viewed in aggregate depict a person's actions over time.

What This Bill Does

Prohibiting persistent aerial surveillance by a unit, an agency, or a political subdivision of the State to gather evidence or other information in a criminal investigation, subject to certain exceptions; and defining "persistent aerial surveillance" as the use of aircraft to record video or a concurrent series of images or pictures that when viewed in aggregate depict a person's actions over time.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-01-29 House
Hearing 2/24 at 1:00 p.m.
2026-01-22 House
First Reading Judiciary
Maryland General Assembly
Text - First - Public Safety - Persistent Aerial Surveillance

Official Summary Text

Prohibiting persistent aerial surveillance by a unit, an agency, or a political subdivision of the State to gather evidence or other information in a criminal investigation, subject to certain exceptions; and defining "persistent aerial surveillance" as the use of aircraft to record video or a concurrent series of images or pictures that when viewed in aggregate depict a person's actions over time.

Current Bill Text

Read the full stored bill text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0398*

HOUSE BILL 398
E4 6lr0943
HB 682/25 – JUD
By: Delegate Grammer
Introduced and read first time: January 22, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Public Safety – Persistent Aerial Surveillance 2

FOR the purpose of prohibiting persistent aerial surveillance by a certain unit, agency, or 3
political subdivision to gather certain evidence or information in a criminal 4
investigation, subject to certain exceptions; and generally relating to persistent 5
aerial surveillance. 6

BY repealing and reenacting, without amendments, 7
Article – Transportation 8
Section 5–101(a) and (e) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2025 Supplement) 11

BY adding to 12
Article – Public Safety 13
Section 3–535 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Transportation 19

5–101. 20

(a) In this title the following words have the meanings indicated. 21

(e) “Aircraft” means any device used or designed for navigation of or flight in the 22
air. 23

2 HOUSE BILL 398

Article – Public Safety 1

3–535. 2

(A) IN THIS SECTION , “PERSISTENT AERIAL SURVEILLANCE ” MEANS THE 3
USE OF AIRCRAFT, AS DEFINED IN § 5–101 OF THE TRANSPORTATION ARTICLE, TO 4
RECORD VIDEO OR A CO NCURRENT SERIES OF I MAGES OR PICTURES TH AT WHEN 5
VIEWED IN AGGREGATE DEPICT A PERSON’S ACTIONS OVER TIME. 6

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A UNIT OR 7
AN AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE MAY NOT 8
CONDUCT PERSISTENT A ERIAL SURVEILLANCE T O GATHER EVIDENCE OR OTHER 9
INFORMATION IN A CRIMINAL INVESTIGATION. 10

(C) A UNIT OR AN AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF 11
THE STATE MAY CONDUCT PERSISTENT AERIAL SURVEILLANCE: 12

(1) IN ACCORDANCE WITH A VALID SEARCH WARRANT ISSUED BY A 13
JUDGE; 14

(2) ON A LOCATION FOR TH E PURPOSE OF EXECUTI NG AN ARREST 15
WARRANT; 16

(3) IN FRESH PURSUIT OF A SUSPECT, AS DEFINED IN § 2–304 OF THE 17
CRIMINAL PROCEDURE ARTICLE; 18

(4) TO ASSIST IN AN ACTIVE SEARCH AND RESCUE OPERATION; 19

(5) TO LOCATE AN ESCAPED PRISONER; 20

(6) IF A LAW ENFORCEMENT OFFICER REASONABLY BELIEVES THAT 21
THE USE OF AIRCRAFT IS NECESSARY TO PREVENT IMMINENT SERIOUS BODILY 22
HARM TO AN INDIVIDUAL; OR 23

(7) IF THE UNITED STATES SECRETARY OF HOMELAND SECURITY 24
DETERMINES THAT CRED IBLE INTELLIGENCE IN DICATES THAT THERE I S A HIGH 25
RISK OF A TERRORIST ATTACK BY A SPECIFIC INDIVIDUAL OR ORGANIZATION AND 26
THAT PERSISTENT AERIAL SURVEILLANCE IS NECESSARY TO COUNTER SUCH A RISK. 27

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2026. 29