Maryland 2026 Regular Session

Maryland House Bill HB398

Introduced
1/22/26  

Caption

Public Safety - Persistent Aerial Surveillance

Impact

If implemented, HB 398 will create new limitations on how law enforcement agencies gather evidence, impacting existing practices surrounding surveillance operations. The bill allows specific exceptions where persistent aerial surveillance can still occur, such as when law enforcement is executing a valid search warrant, in fresh pursuit of a suspect, or during emergency situations like search and rescue operations. This will require agencies to adhere to stricter protocols under defined circumstances to balance public safety and privacy rights.

Summary

House Bill 398 aims to regulate the use of persistent aerial surveillance by state agencies and political subdivisions in criminal investigations. The bill establishes that, except for certain specified exceptions, these entities are prohibited from conducting persistent aerial surveillance for the purpose of gathering evidence or information in criminal cases. Notably, the bill defines persistent aerial surveillance as the use of aircraft to record video or images that track a person's actions over time, which raises significant privacy concerns among civil liberties advocates.

Contention

Some points of contention surrounding HB 398 include debates over the balance between surveillance for public safety and the individual’s right to privacy. Proponents of the bill argue that it is necessary to protect citizens from potential abuses of power and unwarranted surveillance methods that could infringe on their civil rights. Meanwhile, opponents assert that overly restrictive measures may hinder law enforcement's ability to effectively prevent and investigate crimes, particularly in scenarios requiring rapid response to threats. The ongoing dialogue reflects broader societal concerns about technology, privacy, and public safety within the legal framework.

Companion Bills

MD HB682

Carry Over Public Safety - Persistent Aerial Surveillance

Previously Filed As

MD HB682

Public Safety - Persistent Aerial Surveillance

MD SB840

Medicaid Management Information System - Surveillance and Utilization Review Subsystem - Publication of Procurement Schedule

MD SB348

Criminal Law - Visual Surveillance With Prurient Intent - Modifications

MD HB437

Criminal Law - Visual Surveillance With Prurient Intent - Modifications

MD SB92

Peace Orders and Criminal Harassment - Intentional Visual Surveillance

MD HB236

Peace Orders and Criminal Harassment - Intentional Visual Surveillance

MD SB201

Criminal Justice and Public Safety Reporting Requirements - Alterations

MD SB280

Judicial and Public Safety for Service Members Act

MD HB26

Public Safety - Missing Person Reports - Collection and Publication

MD HB954

Public Safety - State and Local Governments - Use of Unmanned Aircraft

Similar Bills

No similar bills found.