MD HB398

Prohibits Maryland state agencies, units, and political subdivisions from using aircraft to conduct persistent aerial surveillance for gathering evidence or information in criminal investigations

Defines "persistent aerial surveillance" as using aircraft to record video or a series of images that depict a person's actions over time

Allows persistent aerial surveillance with a valid search warrant issued by a judge, or when executing an arrest warrant at a specific location

Permits surveillance without a warrant during fresh pursuit of suspects, active search and rescue operations, locating escaped prisoners, or when necessary to prevent imminent serious bodily harm

Authorizes surveillance when the U.S. Secretary of Homeland Security determines credible intelligence indicates a high terrorist attack risk requiring such surveillance

Takes effect October 1, 2026