Maryland HB 159: Public Safety - Persistent Aerial Surveillance

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0159*

HOUSE BILL 159
E4 1lr0693
HB 1395/20 – JUD (PRE–FILED)
By: Delegate Grammer
Requested: September 18, 2020
Introduced and read first time: January 13, 2021
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; providing certain exceptions to the prohibition; defining a certain 5
term; and generally relating to persistent 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) 11

BY adding to 12
Article – Public Safety 13
Section 3–523 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2020 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 159

Article – Public Safety 1

3–523. 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 CONCURRENT SERIES OF IMAGES OR PICTURES THAT 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 AERIAL SURVEILLANCE TO 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 THE PURPOSE OF EXECUTING 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: 22

(I) SERIOUS BODILY HARM TO AN INDIVIDUAL; OR 23

(II) DESTRUCTION OF EVIDENCE; OR 24

(7) IF THE UNITED STATES SECRETARY OF HOMELAND SECURITY 25
DETERMINES THAT CREDIBLE INTELLIGENCE INDICATES THAT THERE IS A HIGH 26
RISK OF TERRORIST ATTACK BY A SPECIFIC INDIVIDUAL OR ORGANIZATION, TO 27
COUNTER SUCH A RISK. 28

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

HOUSE BILL 159 3

October 1, 2021. 1