HB 398 Maryland House of Delegates · 2026 Regular Session

Public Safety - Persistent Aerial Surveillance

HB 398 prohibits Maryland state and local law enforcement agencies from using persistent aerial surveillance (like drones recording continuous video of people's movements) in criminal investigations, except under seven specific exceptions. These exceptions include having a valid search warrant, executing arrest warrants, conducting active search/rescue operations, locating escaped prisoners, preventing imminent harm, or responding to specific terrorism threats with federal approval. The law directly affects police departments and state agencies that previously used such surveillance methods. It takes effect October 1, 2026, and defines "persistent aerial surveillance" as recording video/images showing a person's actions over time.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 22, 2026 Last action Jan 29, 2026
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Committee
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Jan 22, 2026
Committee
First Reading Judiciary
lower
1 primary · 0 co-sponsors

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P
Photo of Robin Grammer
Robin Grammer
RRepublican
MD
6