reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 4 - Violations of the Maryland Mortgage Fraud Protection Act › Section 13-403 - Property Subject to Forfeiture -- Exceptions

(a)    Property or an interest in property may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the Mortgage Fraud law was committed without the owner’s actual knowledge.
(b)    (1)    Except as provided in paragraph (2) of this subsection, property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the property was convicted of a violation of the Mortgage Fraud law.
(2)    Without a conviction, a court may order a forfeiture of property used as the principal family residence if the owner of the family residence:
(i)    fails to appear for a required court appearance; and
(ii)    fails to surrender to the jurisdiction of the court within 180 days after the required court appearance.
(c)    Property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:
(1)    the property was used in connection with:
(i)    a violation of the Mortgage Fraud law; or
(ii)    an attempt or conspiracy to violate the Mortgage Fraud law; and
(2)    both the husband and wife are convicted of:
(i)    a violation of the Mortgage Fraud law; or
(ii)    an attempt or conspiracy to violate the Mortgage Fraud law.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 4 - Violations of the Maryland Mortgage Fraud Protection Act › Section 13-404 - Seizure of Property

(a)    Except as provided in subsection (b) of this section, property subject to forfeiture under this subtitle may be seized in accordance with the procedures set forth in §§ 12–202, 12–203, and 12–208 through 12–211 of this article.
(b)    The probable cause required under § 12–202(a)(2)(v) of this article is probable cause to believe that the property has been used or is intended to be used in violation of the Mortgage Fraud law.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 4 - Violations of the Maryland Mortgage Fraud Protection Act › Section 13-405 - Forfeiture of Property

(a)    Except as provided in subsection (b) of this section, forfeiture of property under this subtitle shall be conducted in accordance with the procedures set forth in §§ 12–301 through 12–308 of this article.
(b)    The allegation required under § 12–305(a)(7) of this article refers to the Mortgage Fraud law rather than the Controlled Dangerous Substances law.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 4 - Violations of the Maryland Mortgage Fraud Protection Act › Section 13-406 - Property Used in Violation of Mortgage Fraud Law

(a)    Except as provided in subsections (e) and (f) of this section and § 12–403(c) of this article, an owner’s interest in real property may be forfeited if the real property was used in connection with a violation of the Mortgage Fraud law.
(b)    Forfeiture proceedings for real property may be brought in the jurisdiction where:
(1)    the criminal charges are pending;
(2)    the owner resides; or
(3)    the real property is located.
(c)    (1)    If forfeiture proceedings for real property are brought in a jurisdiction other than where the real property is located, a notice of pending litigation shall be filed in the jurisdiction where the real property is located.
(2)    A notice of pending litigation required under this subsection shall include at least:
(i)    the name and address of the owner of the real property;
(ii)    a description of the real property; and
(iii)    a description of the reasons for the filing of the forfeiture proceedings and notice of pending litigation.
(d)    If an owner of real property used as the principal family residence is convicted under the Mortgage Fraud law and the owner files an appeal of the conviction, the court shall stay forfeiture proceedings under § 12–403(c) of this article or subsection (f) of this section against the real property during the pendency of the appeal.
(e)    (1)    Except as provided in subsection (f) of this section, there is a rebuttable presumption that property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that:
(i)    the person has violated the Mortgage Fraud law;
(ii)    the property was acquired by the person during the violation or within a reasonable time after the violation; and
(iii)    there was no other likely source for the property.
(2)    A claimant of the property has the burden of proof to rebut the presumption established under paragraph (1) of this subsection.
(f)    Real property used as the principal family residence may not be forfeited under subsection (e) of this section unless:
(1)    an owner of the real property was convicted under subsection (e)(1) of this section; or
(2)    the real property is covered by § 13–403(b)(2) of this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 4 - Violations of the Maryland Mortgage Fraud Protection Act › Section 13-407 - Disposition of Property

(a)    Except as provided in this section, disposition of property after forfeiture under this subtitle shall be subject to §§ 12–401, 12–402, and 12–404 of this article.
(b)    The court determination under § 12–402(c) of this article shall include that the property was being used or was to be used in violation of the Mortgage Fraud law rather than the Controlled Dangerous Substances law.
(c)    (1)    (i)    In this subsection the following words have the meanings indicated.
(ii)    “Identifiable losses” include:
1.    expenses necessary to:
A.    discover the extent of a violation of the Mortgage Fraud law;
B.    repair damages resulting from a violation of the Mortgage Fraud law, including repairing credit ratings and correcting errors in consumer reports; and
C.    prevent further damages resulting from a violation of the Mortgage Fraud law; and
2.    lost wages resulting from time away from work in order to rectify any fraud caused by a violation of the Mortgage Fraud law.
(iii)    “Victim” includes a business that loses any thing of value as a result of a violation of the Mortgage Fraud law.
(2)    Disposition of forfeited property under this subtitle shall follow the procedures in this subsection.
(3)    Whenever property is forfeited under this subtitle, the governing body where the property was seized shall sell the property at public auction.
(4)    The proceeds of a sale under this subsection shall be distributed as follows:
(i)    first, to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs;
(ii)    second, for restitution as ordered by the court to victims to pay for identifiable losses resulting from the violation of the Mortgage Fraud law; and
(iii)    finally, to the General Fund of the State.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-502 - Subject to Forfeiture

The following are subject to forfeiture:
(1)    except as provided in § 13–503 of this subtitle, a motor vehicle used in connection with a violation of and conviction under § 3–1102 or § 3–1103 of the Criminal Law Article;
(2)    money used in connection with a violation of and conviction under the human trafficking law, found in close proximity to or at the scene of the arrest for a violation of the human trafficking law; and
(3)    except as provided in § 13–503 of this subtitle, real property used in connection with a violation of and conviction under § 3–1102 or § 3–1103 of the Criminal Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-503 - Forfeiture for Violations Without Knowledge of Owner Not Permitted

(a)    Property or an interest in property described in § 13–502(1) or (3) of this subtitle may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the human trafficking law was committed without the owner’s actual knowledge.
(b)    (1)    A motor vehicle for hire in the transaction of business as a common carrier or a motor vehicle for hire may not be seized or forfeited under this subtitle unless it appears that the owner or other person in charge of the motor vehicle was a consenting party or privy to a violation of the human trafficking law.
(2)    A motor vehicle may not be forfeited under this subtitle for an act or omission that the owner shows was committed or omitted by a person other than the owner while the person other than the owner possessed the motor vehicle in criminal violation of federal law or the law of any state.
(c)    Subject to subsection (d) of this section, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article.
(d)    Real property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:
(1)    the property was used in connection with a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or with an attempt or a conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article; and
(2)    both the husband and wife are convicted of a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-504 - Seizure of Personal Property

Personal property subject to forfeiture under this subtitle may be seized:
(1)    on a warrant issued by a court that has jurisdiction over the property; and
(2)    without a warrant when:
(i)    the seizure is incident to an arrest or a search under a search warrant;
(ii)    the seizure is incident to an inspection under an administrative inspection warrant;
(iii)    the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding under this subtitle; or
(iv)    there is probable cause to believe that the property is directly or indirectly dangerous to health or safety.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-505 - Seizure of Money

(a)    A seizing authority that seizes money under this subtitle immediately shall:
(1)    photograph the money and record the quantity of each denomination of coin or currency seized; and
(2)    deposit the money to the account of the appropriate local financial authority.
(b)    A photograph taken under subsection (a) of this section may be substituted for money as evidence in a criminal or forfeiture proceeding.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-506 - Effect of Seizure

(a)    Property seized under this subtitle:
(1)    is not repleviable; but
(2)    is in the custody of the seizing authority, subject only to the orders, judgments, and decrees of the court or the official having jurisdiction over the property.
(b)    A seizing authority may place seized property under seal and remove the property to a place designated by the court.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-507 - Seizure and Forfeiture of Motor Vehicle

(a)    A seizing authority may seize a motor vehicle used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article and recommend forfeiture to the forfeiting authority if the total circumstances of the case as listed in subsection (b) of this section dictate that seizure and forfeiture are justified.
(b)    Circumstances to be considered in deciding whether seizure and forfeiture are justified include:
(1)    evidence that the motor vehicle was acquired by use of proceeds from a transaction involving a violation of § 3–1102 or § 3–1103 of the Criminal Law Article;
(2)    the circumstances of the arrest; and
(3)    the way in which the motor vehicle was used.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-508 - Recommendation of Forfeiture

(a)    The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article may recommend to the appropriate forfeiting authority in writing that the motor vehicle be forfeited only if the officer:
(1)    determines from the records of the Motor Vehicle Administration the names and addresses of all registered owners and secured parties as defined in the Code;
(2)    personally reviews the facts and circumstances of the seizure; and
(3)    personally determines, according to the standards listed in § 13–507 of this subtitle, and represents in writing that forfeiture is warranted.
(b)    A sworn affidavit by the chief law enforcement officer that the officer followed the requirements of subsection (a) of this section is admissible in evidence in a proceeding under this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-509 - Seizure and Forfeiture of Motor Vehicle -- Surrender of Vehicle to Owner

(a)    The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that the total circumstances of the case as listed under § 13–507(b) of this subtitle do not justify forfeiture.
(b)    In a proceeding under this subtitle, the court may determine, based on the circumstances listed in § 13–507(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous:
(1)    in recommending the forfeiture of a motor vehicle; or
(2)    in not surrendering on request a motor vehicle to an owner.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-511 - Seizure of Real Property

Seizure of real property occurs on the earlier of the filing:
(1)    of a complaint for forfeiture under this subtitle; or
(2)    of a notice of pending litigation in the circuit court of the county where the real property is located.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-512 - Seized Real Property -- Rights of Tenants; Receiver of Income

(a)    Subject to the rights of a lienholder to sell the real property, an owner or an owner’s tenant may remain in possession of seized real property until forfeiture is ordered.
(b)    The forfeiting authority may apply to the court for the appointment of a receiver to apply income from income–producing property.
(c)    If a person who is an owner or an owner’s tenant remains in possession of the real property and the person’s interest in the real property is forfeited, the person immediately shall surrender the real property to the seizing authority in substantially the same condition as when seized.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-513 - Prohibited Acts Prior to Judgment in Favor of Owner

(a)    This section does not apply if:
(1)    an act is agreed to by a forfeiting authority or is ordered by the court; or
(2)    an owner posts a bond under § 13–510 of this subtitle.
(b)    Until the court enters judgment in favor of the owner, an owner may not attempt:
(1)    to convey or encumber an interest in seized real property; or
(2)    to remove a building or fixture on seized real property.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-514 - Prompt Filing of Forfeiture Proceedings

Except as provided in § 13–517(c) of this subtitle, if property is seized under § 13–504(2)(iv) of this subtitle because there is probable cause to believe that the property is directly or indirectly dangerous to health or safety and that the property was or will be used to violate § 3–1102 or § 3–1103 of the Criminal Law Article, forfeiture proceedings under this subtitle shall be filed promptly.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-516 - Procedure -- Forfeiture of Money

(a)    To apply for the forfeiture of money, the appropriate local financial authority or the Attorney General shall file a complaint and affidavit in the District Court or the circuit court for the county in which the money was seized.
(b)    The complaint and affidavit shall be served in accordance with the Maryland Rules of Procedure.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-517 - Time for Filing

(a)    Except as provided under subsections (b) and (c) of this section, a complaint seeking forfeiture shall be filed within the earlier of:
(1)    90 days after the seizure; or
(2)    1 year after the final disposition of the criminal charge for the violation giving rise to the forfeiture.
(b)    A complaint for the forfeiture of a motor vehicle shall be filed within 45 days after the motor vehicle is seized.
(c)    (1)    A proceeding about money shall be filed within 90 days after the final disposition of criminal proceedings that arise out of the human trafficking law.
(2)    If the State or a political subdivision does not file proceedings about money within the 90–day period, the money seized under this subtitle shall be returned to the owner on request by the owner.
(3)    If the owner fails to ask for the return of the money within 1 year after the final disposition of criminal proceedings, the money shall revert to:
(i)    the political subdivision in which the money was seized; or
(ii)    the State, if the money was seized by State authorities.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-518 - Procedure -- Complaint

(a)    A complaint seeking forfeiture shall contain:
(1)    a description of the property seized;
(2)    the date and place of the seizure;
(3)    the name of the owner, if known;
(4)    the name of the person in possession, if known;
(5)    the name of each lienholder, if known or reasonably subject to discovery;
(6)    an allegation that the property is subject to forfeiture;
(7)    if the forfeiting authority seeks to forfeit a lienholder’s interest in property, an allegation that the lien was created with actual knowledge that the property was being or was to be used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article;
(8)    a statement of the facts and circumstances surrounding the seizure;
(9)    a statement setting forth the specific grounds for forfeiture; and
(10)    an oath or affirmation by the forfeiting authority that the contents of the complaint are true to the best of the forfeiting authority’s knowledge, information, and belief.
(b)    Within 20 days after the filing of the complaint, copies of the summons and complaint shall be sent by certified mail requesting “restricted delivery – show to whom, date, address of delivery” and first–class mail to all known owners and lienholders whose identities are reasonably subject to discovery, including all real property owners and lienholders shown in the records required by law for notice or perfection of the lien.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-519 - Notice

(a)    A notice shall be signed by the clerk of the court and shall:
(1)    include the caption of the case;
(2)    describe the substance of the complaint and the relief sought;
(3)    state the latest date on which a response may be filed;
(4)    state that the property shall be forfeited if a response is not filed on time;
(5)    state that the owner of the property may have possession of the property pending forfeiture by posting a bond as provided in § 13–510 of this subtitle; and
(6)    tell where to file a response and whom to contact for more information concerning the forfeiture.
(b)    Within 20 days after the filing of the complaint, the notice shall be:
(1)    posted by the sheriff on the door of the courthouse where the action is pending or on a bulletin board within the immediate vicinity of the door;
(2)    posted by the sheriff in a conspicuous place on the land, if forfeiture of real property is sought; and
(3)    published at least once a week in each of 3 successive weeks in a newspaper of general circulation published in the county in which the action is pending, unless the property is a boat or motor vehicle.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-520 - Answer

The answer to a complaint shall:
(1)    comply with the Maryland Rules;
(2)    state the nature and extent of the person’s right in, title to, or interest in the property;
(3)    state how and when the person acquired a right in, title to, or interest in the property; and
(4)    contain a request for relief and a request for a prompt hearing.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-521 - Hearing or Order on Failure to File Answer

(a)    If an answer has been filed on time, the court shall set a hearing on the forfeiture claim within 60 days after the later of:
(1)    posting of notice under § 13–519(b)(1) or (2) of this subtitle; or
(2)    final publication of notice under § 13–519(b)(3) of this subtitle.
(b)    Without a hearing, the court may order forfeiture of the property interest of a person who fails to timely file an answer.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-522 - Forfeiture of Real Property

Except as provided in §§ 13–503 and 13–524 of this subtitle, an owner’s interest in real property may be forfeited if the owner of the real property is convicted of violating § 3–1102 or § 3–1103 of the Criminal Law Article or attempting or conspiring to violate § 3–1102 or § 3–1103 of the Criminal Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-523 - Proceedings for Forfeiture of Real Property

(a)    Forfeiture proceedings for real property may be brought in the jurisdiction where:
(1)    the criminal charges are pending;
(2)    the owner resides; or
(3)    the real property is located.
(b)    (1)    If forfeiture proceedings for real property are brought in a jurisdiction other than where the real property is located, a notice of pending litigation shall be filed in the jurisdiction where the property is located.
(2)    A notice of pending litigation required under this subsection shall include at least:
(i)    the name and address of the owner of the real property;
(ii)    a description of the real property; and
(iii)    a description of the reasons for the filing of the forfeiture proceedings and notice of pending litigation.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-524 - Stay of Proceedings During Pendency of Appeal

If an owner of real property used as the principal family residence is convicted under § 3–1102 or § 3–1103 of the Criminal Law Article or is convicted of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article and the owner files an appeal of the conviction, the court shall stay forfeiture proceedings under § 13–503 of this subtitle against the real property during the pendency of the appeal.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-525 - Presumption That Property Subject to Forfeiture

(a)    (1)    Except as provided in subsection (b) of this section, there is a rebuttable presumption that property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that:
(i)    the person was convicted of violating § 3–1102 or § 3–1103 of the Criminal Law Article or attempting or conspiring to violate § 3–1102 or § 3–1103 of the Criminal Law Article;
(ii)    the property was acquired by the person during the violation or within a reasonable time after the violation; and
(iii)    there was no other likely source for the property.
(2)    A claimant of the property has the burden of proof to rebut the presumption in paragraph (1) of this subsection.
(b)    Real property used as the principal family residence may not be forfeited under this section unless:
(1)    an owner of the real property was convicted of a crime described under subsection (a)(1)(i) of this section; or
(2)    § 13–503(d) of this subtitle applies.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-526 - Forfeiture of Other Property for Act or Omission of Owner or Return of Property

(a)    The court may order the forfeiture of other property of the owner up to the value of any property seized under this subtitle, with the exception of real property, if as a result of an act or omission of the owner the property to be forfeited:
(1)    cannot be located after the exercise of due diligence;
(2)    has been transferred, sold to or deposited with a third party;
(3)    has been placed beyond the jurisdiction of the court;
(4)    has been substantially diminished in value; or
(5)    has been commingled with other property and cannot be divided without difficulty.
(b)    The court may order the owner to return property to the jurisdiction of the court.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-527 - Powers of Court

In a proceeding under this subtitle, a court:
(1)    may grant requests for mitigation or remission of forfeiture or take other action that protects the rights of innocent persons, is consistent with this subtitle, and is in the interest of justice;
(2)    may resolve claims arising under this subtitle; and
(3)    may take appropriate measures to safeguard and maintain property forfeited under this subtitle pending the disposition of the property.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-528 - Orders

(a)    After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released.
(b)    Subject to § 13–529 of this subtitle, if the court determines that the property should be forfeited, the court shall order that the property be forfeited to the appropriate governing body.
(c)    (1)    If the court determines that the forfeited property is subject to a valid lien created without actual knowledge of the lienholder that the property was being or was to be used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article, the court shall order that the property be released within 5 days to the first priority lienholder.
(2)    The lienholder shall sell the property in a commercially reasonable manner.
(3)    The proceeds of the sale shall be applied as follows:
(i)    to the court costs of the forfeiture proceeding;
(ii)    to the balance due the lienholder, including all reasonable costs incident to the sale;
(iii)    to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure or maintenance of custody; and
(iv)    to the General Fund of the State or of the political subdivision that seized the property.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-529 - Rights of Governing Body Where Property Seized

If property is forfeited under this subtitle, the governing body where the property was seized may:
(1)    keep the property for official use;
(2)    require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or
(3)    sell the property if:
(i)    the law does not require the property to be destroyed; and
(ii)    the property is not harmful to the public.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-530 - Proceeds From Sale or Retention of Property

(a)    The proceeds from a sale or the retention of property declared to be forfeited and any interest accrued shall be applied, first, to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of seizing and maintaining custody of the property and advertising.
(b)    Any balance remaining after the distribution required under subsection (a) of this section shall be distributed to the General Fund of the State or of the political subdivision that seized the property.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-532 - Duties of Lienholders Prior to Sale of Property

(a)    Before exercising the right to sell property that has been seized under this subtitle, a lienholder shall give to the forfeiting authority:
(1)    written notice of the intention to sell;
(2)    copies of documents giving rise to the lien; and
(3)    an affidavit under oath by the lienholder:
(i)    stating that the underlying obligation is in default; and
(ii)    stating the reasons for the default.
(b)    On request of the lienholder, the forfeiting authority shall release the property to the lienholder.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-533 - Law Governing Sale of Collateral

(a)    Except as provided in subsection (b) of this section, the law governing the sale of collateral securing an obligation in default governs a lienholder’s repossession and sale of property that has been seized under this subtitle.
(b)    A lienholder may not be required to take possession of the property before the sale of the property.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-534 - Proceeds From Sale

(a)    Any part of the proceeds from a sale of property that has been seized under this subtitle that would be paid to an owner of the property under the applicable law relating to distribution of proceeds:
(1)    shall be paid to the seizing authority; and
(2)    shall be property subject to forfeiture.
(b)    If an order of forfeiture is not entered, the State shall return to the owner that part of the proceeds and any costs of the forfeiture proceedings paid from the proceeds of the sale.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-535 - Duties of Lienholder on Redemption of Property

(a)    If the interest of the owner in property that has been seized under this subtitle is redeemed, the lienholder shall mail a notice of the redemption to the forfeiting authority within 10 days after the redemption.
(b)    (1)    If property that has been seized under this subtitle has been repossessed or otherwise lawfully taken by the lienholder, the lienholder shall return the property to the seizing authority within 21 days after the redemption.
(2)    The seizing authority and the forfeiting authority may then proceed with the forfeiture of the property or the proceeds from the sale of the property.
(c)    Time limitations required under this subtitle for notice and filing of the complaint for forfeiture run from the date of redemption or purchase of the property that has been seized under this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-102 - Office of the State Prosecutor

(a)    (1)    There is an Office of the State Prosecutor.
(2)    The Office of the State Prosecutor is an independent unit in the Office of the Attorney General.
(b)    (1)    An individual is eligible to be the State Prosecutor only if the individual:
(i)    executes an affidavit that the individual will not accept appointment to, or be a candidate for, a State or local office during the period of service as the State Prosecutor and for at least 3 years immediately after the individual last serves as the State Prosecutor; and
(ii)    has lawfully and actively practiced law in the State for at least 5 years.
(2)    The State Prosecutor shall renew the affidavit every 2 years during the period of service.
(3)    A failure to renew the affidavit under this subsection shall subject the State Prosecutor to removal from office under this section.
(c)    (1)    The State Prosecutor shall be:
(i)    nominated by the Commission; and
(ii)    appointed by the Governor with the advice and consent of the Senate.
(2)    The term of the State Prosecutor is 6 years.
(3)    At the end of a term, the State Prosecutor continues to serve until a successor is appointed and qualifies.
(d)    Only on the recommendation of the Commission, the Governor may remove the State Prosecutor for:
(1)    misconduct in office;
(2)    persistent failure to perform the duties of the office; or
(3)    conduct prejudicial to the proper administration of justice.
(e)    The State Prosecutor is entitled to the salary provided in the State budget, but not less than the salary of a judge of a circuit court.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-103 - State Prosecutor Selection and Disabilities Commission

(a)    There is a State Prosecutor Selection and Disabilities Commission.
(b)    The Commission consists of:
(1)    the Attorney General; and
(2)    six individuals appointed by the Governor as follows:
(i)    two individuals shall be appointed from a list of two or more nominees submitted by the President of the Senate:
1.    only one of the individuals appointed shall be a lawyer; and
2.    none of the nominees may be a member of the General Assembly or a full–time State employee;
(ii)    two individuals shall be appointed from a list of two or more nominees submitted by the Speaker of the House of Delegates:
1.    only one of the individuals appointed shall be a lawyer; and
2.    none of the nominees may be a member of the General Assembly or a full–time State employee;
(iii)    one individual who:
1.    shall be appointed from a list of one or more nominees submitted by the Board of Governors of the Maryland State Bar Association; and
2.    is a lawyer admitted to practice law in the State; and
(iv)    one individual who:
1.    shall be appointed from a list of one or more nominees submitted by the governing board of the Maryland State’s Attorneys Association; and
2.    is a State’s Attorney at the time of appointment and throughout the individual’s term on the Commission.
(c)    (1)    The Governor shall appoint the members of the Commission from the nominees submitted to the Governor under this section.
(2)    The Governor may reject an individual as a nominee only for cause.
(3)    If the Governor rejects an individual as a nominee, the Governor shall request the appropriate nominating authority to submit another nominee.
(d)    (1)    The term of an appointed member is 4 years.
(2)    The terms of appointed members are staggered as required by the terms in effect for members on October 1, 2008.
(3)    An appointed member serves until a successor is appointed and qualifies.
(4)    An appointed member is eligible for reappointment.
(e)    From among the members, the Governor shall designate the chair of the Commission for the period that the Governor determines.
(f)    A vacancy that occurs on the Commission shall be filled by the Governor in the same manner as provided for appointments in this section.
(g)    A member of the Commission:
(1)    may not receive compensation for serving on the Commission; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-104 - Filling Vacancies in Office of State Prosecutor

(a)    On notification by the Governor that a vacancy exists or is about to occur in the position of State Prosecutor, the Commission shall:
(1)    seek and review applications of proposed nominees;
(2)    notify and request recommendations from the Maryland State Bar Association; and
(3)    seek recommendations from members of the Commission and interested citizens and groups.
(b)    The Commission shall:
(1)    interview and evaluate each eligible applicant; and
(2)    nominate to the Governor, on a vote taken by secret ballot, one or more individuals whom a majority of the authorized membership of the Commission finds to be legally and professionally qualified.
(c)    The Commission shall report, in writing, to the Governor the name of the individual or individuals it nominates within 70 days after notification that a vacancy exists or is about to occur.
(d)    (1)    (i)    The Governor may reject a nominee for cause.
(ii)    If a nominee is rejected for cause, the Commission shall submit another nominee.
(2)    If the Governor rejects a nominee:
(i)    the Governor shall send to the Commission a written statement that contains the reasons for the rejection; and
(ii)    a copy of the statement of rejection shall be furnished to the nominee.
(3)    The statement shall be confidential and privileged, unless the privilege is deemed waived by the Commission by the acts of the nominee in presenting to the public the reason for the rejection.
(4)    The Commission may make the statement public.
(e)    The Governor shall exercise the power of appointment or rejection within 30 days after receipt of the Commission’s report.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-105 - Reprimand or Removal

(a)    The Commission may reprimand or recommend to the Governor the removal of the State Prosecutor if, after a hearing, the Commission finds that the State Prosecutor is guilty of:
(1)    misconduct in office;
(2)    persistent failure to perform the duties of the office; or
(3)    conduct prejudicial to the proper administration of justice.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the proceedings, testimony, and other evidence before the Commission are confidential and privileged.
(2)    On taking final action, the Commission may make its order and the proceedings, testimony, and other evidence public.
(c)    (1)    On complaint or on its own initiative, the Commission may investigate allegations against the State Prosecutor that may warrant removal or reprimand.
(2)    The Commission may:
(i)    conduct hearings;
(ii)    administer oaths and affirmations;
(iii)    issue process to compel the attendance of witnesses and the production of evidence; and
(iv)    require a person to testify and produce evidence by granting the person immunity from prosecution, penalty, or forfeiture.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-107 - Investigations

(a)    (1)    Except as provided in paragraph (2) of this subsection, the State Prosecutor may investigate:
(i)    a criminal offense under the State election laws;
(ii)    a criminal offense under the State Public Ethics Law;
(iii)    a violation of the State bribery laws in which an official or employee of the State, a political subdivision of the State, or a bicounty or multicounty unit of the State was the offeror, offeree, or intended offeror or offeree of a bribe;
(iv)    an offense constituting criminal malfeasance, misfeasance, or nonfeasance in office committed by an officer or employee of the State, of a political subdivision of the State, or of a bicounty or multicounty unit of the State;
(v)    a violation of the State extortion, perjury, or obstruction of justice laws related to an activity described in this paragraph; and
(vi)    a criminal offense related to voting in a municipal election under § 4–108.1 of the Local Government Article.
(2)    The State Prosecutor may not investigate an offense alleged to have been committed by the State Prosecutor or a member of the State Prosecutor’s staff.
(3)    The State Prosecutor may investigate an alleged offense under paragraph (1) of this subsection on the State Prosecutor’s own initiative or on request of:
(i)    the Governor;
(ii)    the Attorney General;
(iii)    the General Assembly;
(iv)    the State Ethics Commission; or
(v)    a State’s Attorney.
(4)    An individual who is advised by the State Prosecutor that the individual is under investigation under paragraph (1)(iv) of this subsection may release this information to the public, as well as any results of the investigation that pertain to the individual.
(b)    On request of the Governor, the Attorney General, the General Assembly, or a State’s Attorney, the State Prosecutor may investigate criminal activity that is committed:
(1)    partly in the State and partly in another jurisdiction; or
(2)    in more than one political subdivision of the State.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-108 - Reports

(a)    (1)    Except as provided in paragraph (2) of this subsection, if the State Prosecutor finds that an alleged violation of the criminal law set forth in § 14–107 of this title has occurred, the State Prosecutor shall make a confidential report of the findings and any recommendations for prosecution to the Attorney General and the State’s Attorney for the county in which jurisdiction exists to prosecute the matter.
(2)    A report of the findings and recommendations regarding allegations of offenses committed by a State’s Attorney need not be made to that State’s Attorney.
(b)    (1)    If the State Prosecutor finds that there has not been a violation of criminal law or the State Prosecutor does not recommend prosecution, the State Prosecutor shall report the findings to the person who requested the investigation.
(2)    If the General Assembly requested the investigation, the report shall be made to the President of the Senate and the Speaker of the House of Delegates.
(3)    On request of the person who was the subject of the investigation, the report shall be made available to the public as soon as possible.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-109 - Prosecutions

(a)    (1)    The State Prosecutor may prosecute a criminal offense set forth in the State Prosecutor’s report of the findings and recommendations if, within 45 days after receipt of the report, the State’s Attorney fails to file charges and begin prosecution in accordance with the recommendations.
(2)    Notwithstanding paragraph (1) of this subsection, the State Prosecutor may immediately prosecute a criminal offense that is set forth in the State Prosecutor’s report and that is alleged to have been committed by the State’s Attorney.
(b)    (1)    The State Prosecutor shall represent the State in each appeal and postconviction proceeding that arises from a prosecution that the State Prosecutor conducts.
(2)    Notwithstanding paragraph (1) of this subsection, the Attorney General may represent the State or assist the State Prosecutor:
(i)    on the request of the State Prosecutor; or
(ii)    as required by law in an appeal or collateral proceeding described in paragraph (1) of this subsection.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-110 - Subpoena Authority

(a)    The State Prosecutor has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county, when the State Prosecutor:
(1)    investigates a case under § 14–107 of this title; or
(2)    prosecutes a case under § 14–109 of this title.
(b)    (1)    For the limited purpose of furthering an ongoing criminal investigation under § 14–107 of this title, the State Prosecutor may issue a subpoena to a person to produce telephone, business, governmental, or corporate records or documents.
(2)    The subpoena may be served in the same manner as one issued by a circuit court.
(c)    (1)    A person may have an attorney present during any contact with the State Prosecutor made under subsection (b) of this section.
(2)    The State Prosecutor shall advise a person of the right to counsel when the subpoena is served.
(d)    (1)    (i)    The State Prosecutor immediately may report the failure of a person to obey a lawfully served subpoena under subsection (b) of this section to the circuit court of the county having jurisdiction.
(ii)    The State Prosecutor shall provide a copy of the subpoena and proof of service to the circuit court.
(2)    After conducting a hearing at which the person who allegedly failed to comply with a subpoena issued under subsection (b) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief.
(e)    This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-112 - Budget and Staff

(a)    The budget of the State Prosecutor and the Office of the State Prosecutor shall be a part of the budget of the Office of the Attorney General.
(b)    The State Prosecutor may appoint and employ the professional, investigative, and clerical staff provided in the State budget.
(c)    The State Prosecutor and the staff attorneys appointed by the State Prosecutor shall devote full time to their official duties and may not engage in the private practice of law.
(d)    (1)    To the extent practicable, the State Prosecutor shall use the services and personnel of:
(i)    the Office of the Attorney General;
(ii)    the Department of State Police; and
(iii)    other State and law enforcement units.
(2)    The units listed in paragraph (1) of this subsection shall cooperate, to the extent feasible, with the State Prosecutor and the State Prosecutor’s staff.
2023 Maryland Statutes › Criminal Procedure › Title 14 - Office of the State Prosecutor › Section 14-114 - Annual Report

The State Prosecutor shall submit an annual report on activities of the Office of the State Prosecutor that are not confidential to:
(1)    the Governor;
(2)    the Attorney General; and
(3)    subject to § 2–1257 of the State Government Article, the General Assembly.
2023 Maryland Statutes › Criminal Procedure › Title 15 - Office of the State's Attorney › Subtitle 1 - Definitions; General Duties and Powers › Section 15-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Coordinator” means the State’s Attorneys’ Coordinator.
(c)    “Council” means the State’s Attorneys’ Coordination Council.
(d)    “State’s Attorney” means the individual holding that office under Article V, § 7 of the Maryland Constitution.