Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0180*
SENATE BILL 180
D1, C9 6lr1311
SB 107/25 – JPR (PRE–FILED) CF HB 213
By: Senator Sydnor
Requested: October 23, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: March 3, 2026
CHAPTER ______
AN ACT concerning 1
Evidence – Interception of Oral Communications – Fair Housing Testing 2
FOR the purpose of providing that it is lawful for a person to intercept an oral 3
communication if the person is working as a fair housing tester for a certain fair 4
housing testing program under certain circumstances; and generally relating to 5
electronic surveillance. 6
BY adding to 7
Article – Courts and Judicial Proceedings 8
Section 10–401(13) and 10–402(c)(12) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2025 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 10–401(13) through (18) 14
Annotated Code of Maryland 15
(2020 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 – Courts and Judicial Proceedings 19
2 SENATE BILL 180
10–401. 1
As used in this subtitle the following terms have the meanings indicated: 2
(13) “NONPROFIT CIVIL RIGHTS ORGANIZATION” MEANS: 3
(I) A QUALIFIED FAIR HOUSI NG ENFORCEMENT 4
ORGANIZATION OR A FAIR HOUSING ORGANIZATION AS DEFINED UNDER 24 C.F.R. § 5
125.103; OR 6
(II) AN ORGANIZATION INCOR PORATED UNDER MARYLAND 7
LAW AS A PRIVATE, TAX–EXEMPT CIVIL RIGHTS ORGANIZATION THAT HAS AT LEAST 8
2 YEARS’ EXPERIENCE IN: 9
1. COMPLAINT INTAKE; 10
2. COMPLAINT INVESTIGATION; AND 11
3. TESTING FO R FAIR HOUSING VIOLA TIONS OR 12
ENFORCEMENT OF MERITORIOUS CLAIMS. 13
[(13)] (14) (i) “Oral communication” means any conversation or words 14
spoken to or by any person in private conversation. 15
(ii) “Oral communication” does not include any electronic 16
communication. 17
[(14)] (15) “Person” means any employee or agent of this State or a political 18
subdivision thereof, and any individual, partnership, association, joint stock company, 19
trust, or corporation. 20
[(15)] (16) “Readily accessible to the general public” means, with respect to 21
a radio communication, that the communication is not: 22
(i) Scrambled or encrypted; 23
(ii) Transmitted using modulation techniques the essential 24
parameters of which have been withheld from the public with the intention of preserving 25
the privacy of the communication; or 26
(iii) Except for tone–only paging device communications, transmitted 27
over frequencies reserved for private use and licensed for private use under federal or State 28
law. 29
[(16)] (17) “Telephone solicitation theft” means conduct of a person that: 30
SENATE BILL 180 3
(i) Constitutes the offense of theft or attempted theft; and 1
(ii) Involves the use of a telephone to solicit the payment of money. 2
[(17)] (18) “User” means any person or entity that: 3
(i) Uses an electronic communication service; and 4
(ii) Is duly authorized by the provider of the service to engage in that 5
use. 6
[(18)] (19) “Wire communication” means any aural transfer made in whole 7
or in part through the use of facilities for the transmission of communications by the aid of 8
wire, cable, or other like connection between the point of origin and the point of reception 9
(including the use of a connection in a switching station) furnished or operated by any 10
person licensed to engage in providing or ope rating such facilities for the transmission of 11
communications. 12
10–402. 13
(c) (12) (I) IT IS LAWFUL UNDER TH IS SUBTITLE FOR A PE RSON TO 14
INTERCEPT AN ORAL COMMUNICATION IF: 15
1. THE PERSON IS WORKING AS A FAIR HOUSING TESTER 16
FOR A FAIR HOUSING TESTING PROGRAM OPERATED BY: 17
A. THE FEDERAL GOVERNMENT; 18
B. THE STATE; 19
C. A LOCAL GOVERNMENT; OR 20
D. A NONPROFIT CIVIL RIGHTS ORGANIZATION; 21
2. THE PERSON IS A PARTY TO THE COMMUNICATION ; 22
AND 23
3. THE INTERCEPTION IS B EING MADE FOR THE 24
PURPOSE OF OBTAINING EVIDENCE OF A FAIR H OUSING VIOLATION UND ER 25
FEDERAL, STATE, OR LOCAL LAW. 26
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 27
PARAGRAPH, NO PART OF THE CONTE NTS OF THE INTERCEPT ED COMMUNICATION 28
AND NO EVIDENCE DERI VED THEREFROM MA Y BE RECEIVED IN EVI DENCE IN ANY 29
TRIAL, HEARING, OR OTHER PROCEEDING IN OR BEFORE ANY COURT, GRAND JURY, 30
4 SENATE BILL 180
DEPARTMENT, OFFICER, AGENCY, REGULATORY BODY, LEGISLATIVE COMMITTEE, 1
OR OTHER AUTHORITY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE. 2
(III) THE CONTENTS OF AN IN TERCEPTED ORAL 3
COMMUNICATION MADE I N ACCORDANCE WITH SU BPARAGRAPH (I) OF THIS 4
PARAGRAPH MAY BE USE D ONLY FOR THE PURPO SE OF ENFORCING FEDE RAL, 5
STATE, OR LOCAL FAIR HOUSING LAWS. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.