Maryland HB 228: Public Safety - Persistent Aerial Surveillance

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
           *hb0228*   
  
HOUSE BILL 228 
E4   3lr1421 
HB 545/22 – JUD     
By: Delegate Grammer 
Introduced and read first time: January 23, 2023 
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 2022 Supplement) 11 
 
BY adding to 12 
 Article – Public Safety 13 
Section 3–531 14 
 Annotated Code of Maryland 15 
 (2022 Replacement Volume) 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 228  
 
 
Article – Public Safety 1 
 
3–531. 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 A TERRORIST ATTACK BY A SPECIFIC INDIVIDUAL OR ORGANIZATION AND 27 
THAT PERSISTENT AERIAL SURVEILLANCE IS NECESSARY TO COUNTER SUCH A RISK. 28 
 
 SECTION  2.  AND  BE  IT  FURTHER  ENACTED,  That  this  Act  shall  take  effect 29 
October 1, 2023. 30 

 HOUSE BILL 228 3