Wiretapping and Electronic Surveillance - Intercepted Communications - Admissibility of Evidence

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0802*

HOUSE BILL 802
E2, D3 6lr2375

By: Delegate Bartlett
Introduced and read first time: February 4, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Wiretapping and Electronic Surveillance – Intercepted Communications – 2
Admissibility of Evidence 3

FOR the purpose of providing that the contents of a certain intercepted communication and 4
evidence derived from the communication may be receive d in evidence in a certain 5
proceeding under certain circumstances; and generally relating to the admissibility 6
of intercepted communications. 7

BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 10–405 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2025 Supplement) 12

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14

Article – Courts and Judicial Proceedings 15

10–405. 16

(a) Except as provided in [subsection] SUBSECTIONS (b) AND (C) of this section, 17
whenever any wire, oral, or electronic communication has been intercepted, no part of the 18
contents of the communication and no evidence derived therefrom may be received in 19
evidence in any trial, hearing, or other proceeding in or before any court, grand jury, 20
department, officer, agency, regulatory body, legislative committee, or other authority of 21
this State, or a political subdivision thereof if the disclosure of that information would be 22
in violation of this subtitle. 23

2 HOUSE BILL 802

(b) If any wire , oral, or electronic communication is intercepted in any state or 1
any political subdivision of a state, the United States or any territory, protectorate, or 2
possession of the United States, including the District of Columbia in accordance with the 3
law of that jurisdiction, but that would be in violation of this subtitle if the interception was 4
made in this State, the contents of the communication and evidence derived from the 5
communication may be received in evidence in any trial, hearing, or other proceeding in or 6
before any court, grand jury, department, officer, agency, regulatory body, legislative 7
committee, or other authority of this State, or any political subdivision of this State if: 8

(1) At least one of the parties to the communication was outsid e the State 9
during the communication; 10

(2) The interception was not made as part of or in furtherance of an 11
investigation conducted by or on behalf of law enforcement officials of this State; and 12

(3) All parties to the communication were co –conspirators in a crime of 13
violence as defined in § 14–101 of the Criminal Law Article. 14

(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF ANY WIRE, 15
ORAL, OR ELECTRONIC COMMUNICATION HAS BEEN INTERCEPTED, THE CONTENTS 16
OF THE COMMUNICATION AND EVIDENCE DERIVED FROM THE COMMUNICATI ON 17
MAY BE RECEIVED IN E VIDENCE IN ANY CRIMINAL OR CIVIL TR IAL OR HEARING IN 18
THE DISTRICT COURT OR A CIRCUIT COURT IF THE COURT DETERMINES THAT: 19

(I) THE CONTENTS OF THE C OMMUNICATION AND EVIDENCE 20
DERIVED FROM THE COMMUNICATION ARE OFFERED AS EVIDENCE OF A MATERIAL 21
FACT; 22

(II) THE INTERCEPTION WAS NOT MADE AS PART OF OR IN 23
FURTHERANCE OF AN IN VESTIGATION CONDUCTE D BY OR ON BEHALF OF LAW 24
ENFORCEMENT OFFICIALS OF THIS STATE; 25

(III) THE CONTENTS OF THE C OMMUNICATION AND EVIDENCE 26
DERIVED FROM THE COM MUNICATION ARE MORE PROBATIVE O N THE POINT FOR 27
WHICH THEY ARE OFFERED THAN ANY OTHER EVIDENCE THAT THE PROPONENT CAN 28
PROCURE THROUGH REASONABLE EFFORTS; AND 29

(IV) THE INTEREST OF JUSTI CE WILL BE BEST SERV ED BY THE 30
ADMISSION INTO EVIDE NCE OF THE CONTENTS OF THE COMMUNICATION AND 31
EVIDENCE DERIVED FROM THE COMMUNICATION. 32

(2) THE CONTENTS OF A COM MUNICATION AND EVIDENCE DERIVED 33
FROM THE COMMUNICATI ON MAY NOT BE RECEI VED IN EVIDENCE UNDE R 34
PARAGRAPH (1) OF THIS SUBSECTION U NLESS THE PROPONENT PROVIDES THE 35
HOUSE BILL 802 3

ADVERSE PARTY, SUFFICIENTLY IN ADVANCE OF THE TRIAL OR HEARING TO ALLOW 1
THE ADVERSE PARTY A FAIR OPPORTUNITY TO PREPARE, WITH: 2

(I) NOTICE OF THE INTENTI ON TO OFFER THE CONTENTS OF 3
THE COMMUNICATION AND EVIDENCE DERIVED FROM THE COMMUNICATION; AND 4

(II) THE NAME AND ADDRESS OF THE PARTY WHOSE 5
COMMUNICATION WAS INTERCEPTED. 6

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8