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Read. Follow. Verify.Maryland Senate Bill 661 Legalizes Certain Private Recordings of Violent Crimes and Permits Admission as Evidence
Last action · March 26, 2026: Hearing 3/31 at 1:00 p.m.Sponsors: Sara Love and 10 others
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What This Bill Would Do
Senate Bill 661 permits individuals to lawfully record s during the commission or attempted commission of specific violent crimes, including murder, rape, and first-degree domestic assault. The measure allows these recordings and derived evidence to be admitted in District Court or circuit court criminal trials under specific conditions, and provides an for individuals who intercept communications under a reasonable belief of imminent danger.
Changes rules of evidence and wiretap liability for individuals who record violent offenses against themselves or others, establishing clear parameters for admitting such recordings in Maryland criminal proceedings.
- Maryland's wiretapping and electronic surveillance laws traditionally enforce a strict two-party consent rule, generally prohibiting the recording of communications without all parties' consent and barring unlawfully intercepted communications from being used as evidence in court. context
- Senate Bill 661 passed the Senate during the 2026 legislative session and progressed to the House for committee review in March 2026. context
Who It Would Affect
Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.
Individuals facing imminent danger of violent crimes
Individuals are legally permitted to record communications during the commission or attempted commission of specific violent crimes without violating the wiretap statute.
Defendants in criminal prosecutions
Defendants gain an affirmative defense against wiretap charges if they intercepted a communication because they reasonably believed they were in imminent danger of becoming a victim of a listed crime.
Key Facts
- It is lawful under the subtitle for a person to intercept a wire, oral, or electronic communication that is a recording of or part of a recording of murder in any degree, rape in any degree, or first-degree assault that is a domestically related crime.
- It is an affirmative defense to a criminal prosecution under the wiretap statute that the defendant intercepted the communication because the defendant reasonably believed they were in imminent danger of becoming the victim of a listed crime.
- Intercepted communications authorized under § 10–402(c)(12) may be received in evidence in a criminal trial or hearing before the District Court or circuit court if used as evidence in the charge of a listed offense.
- A communication authorized under § 10–402(c)(12) may not be admitted as evidence of a crime not listed in § 10–402(c)(12).
Show all 7 facts
- Proponents seeking to introduce certain intercepted communications must provide the adverse party with notice and the name and address of the party whose communication was intercepted not later than 14 calendar days before the trial or hearing.
- Violations of the general wiretap prohibition are a felony subject to imprisonment for not more than 5 years or a fine of not more than $10,000, or both.
- The Act takes effect on October 1, 2026.
Frequently Asked Questions
What types of crimes allow a person to lawfully record a communication under this bill?
Can recordings made under these exceptions be used for any criminal charge?
What notice must be given if someone plans to use an intercepted communication as evidence?
What else do you want to know?
News Coverage
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Votes, people, money & the original sourceWhere This Stands
Currently passed chamber. The next step in the legislative lifecycle is Law.
Procedural history
8 actions- Mar 26, 2026HouseHearing 3/31 at 1:00 p.m.
- Mar 23, 2026HouseCommitteeReferred Judiciary
- Mar 20, 2026SenateFloorThird Reading Passed (36-2)
- Mar 20, 2026SenateFloorSecond Reading Passed with Amendments
- Mar 20, 2026SenateFavorable with Amendments { 643622/1 Adopted
- Mar 20, 2026SenateCommitteeFavorable with Amendments Report by Judicial Proceedings
Show 2 earlier actions
- Feb 12, 2026SenateHearing 2/24 at 1:00 p.m.
- Feb 6, 2026SenateIntroducedFirst Reading Judicial Proceedings
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
Show 6 more sponsors
Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
Exception to Strict State Wiretap Admissibility Bar
The bill creates narrow, explicit exceptions allowing private recordings of specific violent crimes to be admitted as evidence in Maryland courts, shifting away from total exclusion under previous state law.
Connected Entities
Sources
mgaleg.maryland.gov
Analysis Score
0–100- Significance75How much this matters to a regular citizen
- Controversy40Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz30Current news / social attention level
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