reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 1 - Definitions; Property Subject to Forfeiture › Section 12-104 - Receipt; Written Notification of Seizure of Property

(a)    At the time of seizure, the seizing authority shall provide a receipt to the person from whom the property was seized, that includes:
(1)    a detailed description of the property;
(2)    a case number, property inventory number, or any other reference number used by the seizing authority to connect the property to the circumstances of the seizure;
(3)    the name and contact information of an individual or office within the seizing authority that can provide information concerning the seized property;
(4)    notice that the owner of the property may make a written request for return of the seized property; and
(5)    notice that within 60 days after receipt of a written request for return of the seized property, the seizing authority will decide whether to return the property and notify the owner of the decision.
(b)    If the person who received a receipt under subsection (a) of this section is not the owner of the property, within 15 days after the seizure of property by a seizing authority, the seizing authority shall send by first–class mail written information to the owner of the seized property, if known, providing:
(1)    the location and description of the seized property; and
(2)    the name and contact information of an individual or office within the seizing authority that can provide further information concerning the seized property, including information on how the property may be returned to the owner.
(c)    The written information distributed by a seizing authority as required under this section shall state: “Seizure and forfeiture of property is a legal matter. Nothing in this document may be construed as legal advice. You may wish to consult an attorney concerning this matter.”.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-201 - Seizure and Summary Forfeiture of Contraband

(a)    A Schedule I substance listed in § 5–402 of the Criminal Law Article shall be seized and summarily forfeited to the State if the substance is:
(1)    possessed, transferred, sold, or offered for sale in violation of the Controlled Dangerous Substances law; or
(2)    possessed by the State and its owner is not known.
(b)    A plant may be seized and summarily forfeited to the State if the plant:
(1)    is one from which a Schedule I or Schedule II substance listed in § 5–402 or § 5–403 of the Criminal Law Article may be derived; and
(2)    (i)    has been planted or cultivated in violation of the Controlled Dangerous Substances law;
(ii)    has an unknown owner or cultivator; or
(iii)    is a wild growth.
(c)    The Maryland Department of Health may seize and subject a plant to forfeiture if the person that occupies or controls the place where the plant is growing or being stored fails, on demand from the Maryland Department of Health, to produce an appropriate registration or proof that the person is the holder of a registration.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-202 - Seizure of Property Subject to Forfeiture

(a)    Property subject to forfeiture under this title 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 title;
(iv)    there is probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(v)    there is probable cause to believe that the property has been used or is intended to be used in violation of the Controlled Dangerous Substances law or this title.
(b)    The seizing authority that seizes money that is contraband shall immediately:
(1)    photograph the contraband 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.
(c)    A photograph taken under subsection (b) of this section may be substituted for money as evidence in a criminal or forfeiture proceeding.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-203 - Custody of Seized Property; Sequestering and Removing Seized Property; Request for Return of Property

(a)    Property seized under this title is in the custody of the seizing authority, and, unless returned to the owner as provided in subsection (c) of this section or § 12–207 of this subtitle, is 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.
(c)    (1)    The owner of seized property may make a written request to the seizing authority for the return of the seized property.
(2)    Within 60 days after receipt of a written request under paragraph (1) of this subsection, the seizing authority shall make a decision as to the disposition of the seized property and shall notify the owner that:
(i)    the seizing authority does not have custody of the property and shall provide contact information for the law enforcement agency that does have custody of the property;
(ii)    the seizing authority does have custody of the property and will file a complaint for forfeiture;
(iii)    the seizing authority does have custody of the property and will retain it for evidentiary purposes until after the conclusion of a criminal case; or
(iv)    the seizing authority does have custody of the property and will promptly return the property to the owner.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-204 - Seizure of Motor Vehicles -- in General

(a)    In exercising the authority to seize motor vehicles under this title, a seizing authority shall apply the standards listed in subsection (b) of this section.
(b)    A motor vehicle used in violation of the Controlled Dangerous Substances law or this title shall be seized and forfeiture shall be recommended to the forfeiting authority if:
(1)    any quantity of a controlled dangerous substance is sold or attempted to be sold in violation of the Controlled Dangerous Substances law or this title;
(2)    an amount of the controlled dangerous substance or paraphernalia is found that reasonably shows that the violator intended to sell the controlled dangerous substance in violation of the Controlled Dangerous Substances law; or
(3)    the total circumstances of the case as listed in subsection (c) of this section dictate that seizure and forfeiture are justified.
(c)    Circumstances to be considered in deciding whether seizure and forfeiture are justified include:
(1)    the possession of controlled dangerous substances;
(2)    an extensive criminal record of the violator;
(3)    a previous conviction of the violator for a controlled dangerous substances crime;
(4)    evidence that the motor vehicle was acquired by use of proceeds from a transaction involving a controlled dangerous substance;
(5)    circumstances of the arrest; and
(6)    the way in which the motor vehicle was used.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-205 - Seizure of Motor Vehicles -- Exceptions

A motor vehicle used in violation of this title may not be seized and forfeiture may not be recommended to the forfeiting authority if:
(1)    the motor vehicle falls within § 12-103(b) of this title;
(2)    (i)    an innocent registered owner lends the motor vehicle to another person; and
(ii)    that person, or someone invited into the motor vehicle by that person, brings a controlled dangerous substance or paraphernalia into the motor vehicle without the registered owner’s knowledge; or
(3)    (i)    a member of the family other than the registered owner uses the motor vehicle, and a controlled dangerous substance or paraphernalia is in the motor vehicle in an amount insufficient to suggest a sale is contemplated;
(ii)    a sale was not made or attempted; and
(iii)    the registered owner did not know that the controlled dangerous substance or paraphernalia was in the motor vehicle.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-206 - Recommendation of Forfeiture by Seizing Authority

(a)    The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of this title shall 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 § 12-204(b) of this subtitle, and represents in writing that forfeiture is warranted.
(b)    (1)    A sworn affidavit by the chief law enforcement officer that the officer followed the requirements of this paragraph is admissible in evidence in a proceeding under this section.
(2)    The chief law enforcement officer may not be subpoenaed or compelled to appear and testify if another law enforcement officer with personal knowledge of the facts and circumstances surrounding the seizure and the recommendation of forfeiture appears and testifies at the proceeding.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-207 - Return of Vehicle to Owner After Seizure

(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:
(1)    the motor vehicle falls within the purview of § 12-205 of this subtitle; or
(2)    the standards listed under § 12-204(b) of this subtitle were not met.
(b)    In a proceeding under this title, the court may determine, based on the standards listed in § 12-204(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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-209 - Seizure of Real Property

Seizure of real property occurs on the earlier of the filing:
(1)    of a complaint for forfeiture under this title; 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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-210 - Possession of Seized Real Property by Owners or Tenants

(a)    Subject to the rights of a lienholder to sell the real property, an owner or 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 owner’s tenant remains in possession of the real property and the person’s interest in the real property is forfeited, the person shall immediately surrender the real property to the seizing authority in substantially the same condition as when seized.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-211 - Prohibited Acts

(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 § 12-208 of this subtitle.
(b)    Subject to subsection (a) of this section, 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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 2 - Seizure › Section 12-212 - Transfer to Federal Authority Prohibited; Exceptions

A seizing authority or prosecuting authority may not directly or indirectly transfer seized property to a federal law enforcement authority or agency unless:
(1)    a criminal case related to the seizure is prosecuted in the federal court system under federal law;
(2)    the owner of the property consents to the forfeiture;
(3)    the property is cash of at least $50,000; or
(4)    the seizing authority transfers the property to a federal authority under a federal seizure warrant issued to take custody of assets originally seized under State law.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-301 - In General

Except as provided in § 12–304(d) of this subtitle, if property is seized under § 12–202(a)(2)(iv) and (v) of this title 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 this title, forfeiture proceedings under this subtitle shall be filed promptly.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-302 - 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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-303 - Proceedings Filed by Forfeiting Authority

Except as provided in § 12-302 of this subtitle and § 4-401(9) of the Courts Article, the appropriate forfeiting authority shall file proceedings under this title in the circuit court.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-304 - Deadlines for Filing Complaint Seeking Forfeiture

(a)    Except as provided under subsections (b), (c), and (d) 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)    If the State or a political subdivision of the State does not file a timely complaint seeking forfeiture under subsection (a) or (b) of this section, the property shall be promptly released to the owner, if known.
(d)    (1)    A proceeding about money shall be filed within 90 days after the final disposition of criminal proceedings that arise out of the Controlled Dangerous Substances 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 title shall be returned to the owner on request by the owner.
(3)    If the owner fails to ask the return of the money within 1 year after the final disposition of criminal proceedings, as provided under § 12–403 of this title, 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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-305 - Contents and Distribution of 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 the Controlled Dangerous Substances law;
(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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-306 - Notice

(a)    A notice shall be signed by the clerk 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 § 12-208 of this title; 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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-307 - Answer to Complaint

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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-308 - Hearing on Forfeiture Claim

(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 § 12-306(b)(1) or (2) of this subtitle; or
(2)    final publication of notice under § 12-306(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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-309 - Forfeiture of Interest in Real Property

Except as provided in §§ 12-103(e) and 12-312 of this title, an owner’s interest in real property may be forfeited if the real property was used in connection with a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or is convicted of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-310 - Forfeiture Proceedings for 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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-311 - Stay of Forfeiture of Principal Family Residence

If an owner of real property used as the principal family residence is convicted under §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or is convicted of an attempt or conspiracy to violate Title 5 of the Criminal Law Article and the owner files an appeal of the conviction, the court shall stay forfeiture proceedings under § 12-103(e) or § 12-312(b) of this title against the real property during the pendency of the appeal.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-312 - Forfeiture of Ownership Interest in Property

(a)    Except as provided in subsection (b) of this section, 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:
(1)    the person has violated §§ 5–602 through 5–609, §§ 5–612 through 5–614, § 5–617, § 5–618, or § 5–628 of the Criminal Law Article or has attempted or conspired to violate Title 5 of the Criminal Law Article;
(2)    the property was acquired by the person during the violation or within a reasonable time after the violation; and
(3)    there was no other likely source for the property.
(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) of this section; or
(2)    the real property is covered by § 12–103(d)(2) of this title.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 3 - Forfeiture Proceedings › Section 12-313 - Statement Inadmissible in Related Criminal Prosecution

Except for purposes of impeachment, a statement made by a person regarding ownership of seized property during the course of a forfeiture proceeding is not admissible in a related criminal prosecution.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 4 - Disposition › Section 12-401 - Powers of Court

In a proceeding under this title, 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 title, and is in the interest of justice;
(2)    may resolve claims arising under this title; and
(3)    may take appropriate measures to safeguard and maintain property forfeited under this title pending the disposition of the property.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 4 - Disposition › Section 12-402 - Posthearing 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 § 12-403(b) 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)    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 the Controlled Dangerous Substances law, the court shall order that the property be released within 5 days to the first priority lienholder.
(d)    (1)    The lienholder shall sell the property in a commercially reasonable manner.
(2)    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)    except as provided in § 12-403(b) of this subtitle, to the General Fund of the State or of the political subdivision that seized the property.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 4 - Disposition › Section 12-403 - Disposition of Forfeited Property

(a)    (1)    Whenever property is forfeited under this title, the governing body where the property was seized may:
(i)    keep the property for official use;
(ii)    require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or
(iii)    sell the property if:
1.    the law does not require the property to be destroyed; and
2.    the property is not harmful to the public.
(2)    The proceeds of a sale under this subsection shall first be used to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.
(b)    If the seizing authority was a State law enforcement unit:
(1)    under § 12-402(b) of this subtitle, the court shall order the property to be forfeited to the State law enforcement unit; or
(2)    under § 12-402(d)(2)(iv) of this subtitle, the proceeds of the sale shall be paid to the State law enforcement unit.
(c)    Except as provided in subsection (d) of this section, the State law enforcement unit that receives forfeited property or proceeds from a sale of forfeited property under this section shall:
(1)    dispose of the forfeited property as provided in subsection (a) of this section; and
(2)    pay to the General Fund of the State any proceeds of the sale of the forfeited property.
(d)    Except as otherwise provided under federal law, a law enforcement unit other than a State law enforcement unit that participated with a State law enforcement unit in seizing property forfeited under this section:
(1)    shall be paid by the State law enforcement unit the share of the proceeds from the sale of the forfeited property as agreed by the law enforcement units; or
(2)    may ask the Governor’s Office of Crime Prevention, Youth, and Victim Services to determine its share.
(e)    Proceeds that a law enforcement unit other than a State law enforcement unit receives under subsection (d) of this section shall be deposited in the general fund of the political subdivision of that law enforcement unit.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 4 - Disposition › Section 12-405 - Appropriation of Percentage of Proceeds for Drug Treatment and Education Programs

Notwithstanding any other provision of law, the Governor shall include in the annual budget bill an appropriation equal to 100% of the proceeds deposited in the General Fund of the State under this subtitle to the Maryland Department of Health for the purpose of funding drug treatment and education programs.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 5 - Lienholders › Section 12-501 - Lienholder Sale of Seized Property

(a)    Before exercising the right to sell property that has been seized under this title, 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;
(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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 5 - Lienholders › Section 12-502 - Governing Law

(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 title.
(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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 5 - Lienholders › Section 12-503 - Proceeds of Sale

(a)    Any part of the proceeds from a sale of property that has been seized under this title 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 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 5 - Lienholders › Section 12-504 - Redemption of Interest or Repossession of Property

(a)    If the interest of the owner in property that has been seized under this title 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 title 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 title 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 title.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 1 - Gambling Violations › Section 13-101 - Defined Terms

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Final disposition” includes an acquittal, dismissal, nolle prosequi, finding of guilty, probation before judgment, plea of guilty or of nolo contendere, marking the charge “stet” on the docket, and an order of an appellate court ending a criminal case.
(c)    “Financial authority” means:
(1)    if the seizing authority is the State, the State Treasurer;
(2)    if the seizing authority is a unit of a county, the treasurer or director of finance of that county; or
(3)    if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of that municipal corporation.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 1 - Gambling Violations › Section 13-102 - Money Presumed to Be Contraband

(a)    Money is prima facie contraband if a law enforcement officer in the State seizes the money in connection with an arrest for:
(1)    unlawfully playing or operating a bookmaking scheme;
(2)    unlawfully betting on a horse race, athletic event, lottery, or game; or
(3)    using an unlawful gaming table or gaming device.
(b)    (1)    For purposes of this subsection, the Police Department of Baltimore City is not a State authority.
(2)    All rights in, title to, and interest in money seized under subsection (a) of this section shall immediately vest in and to:
(i)    the county or the municipal corporation, if the money is seized by the police of the local government, including a sheriff’s department that is the local law enforcement unit; or
(ii)    the State, if the money is seized by a State authority.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 1 - Gambling Violations › Section 13-103 - Contraband to Be Photographed and Recorded

(a)    The seizing authority that seizes money that is contraband shall immediately:
(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 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 1 - Gambling Violations › Section 13-105 - Complaint for Forfeiture

(a)    (1)    Each application for the forfeiture of contraband shall be by complaint and shall be filed in the District Court or circuit court of the county in which the contraband was seized.
(2)    The complaint shall be served in accordance with Maryland Rule 2-121 or 3-121(a), or if service of process is unable to be made and the summons is returned non est, substitute service may be made in accordance with Maryland Rule 2-122 or 3-121(b) or (c).
(b)    (1)    If a conviction, including a plea of guilty or plea of nolo contendere, is entered against a person arrested in connection with the seizure of the money, the financial authority shall apply to the District Court or circuit court for an order forfeiting the money to the jurisdiction that the financial authority serves.
(2)    The financial authority shall apply for the order within 90 days after entry of the conviction or plea, unless the case is appealed.
(c)    Before ordering a forfeiture of the money, the court must be satisfied that no undetermined proceeding to recover the money is pending in court against the financial authority.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 1 - Gambling Violations › Section 13-106 - Complaint for Return of Money

(a)    Seized money may be returned only as provided in this section.
(b)    Subject to subsection (c) of this section, on a final disposition a claimant may ask the appropriate court for a determination that the money is the property of the claimant and an order that the money be returned.
(c)    A claimant under subsection (b) of this section must:
(1)    apply within 1 year after the judgment or order was entered or the final disposition was taken; and
(2)    give written notice to the financial authority at least 10 days before filing the complaint.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 1 - Gambling Violations › Section 13-107 - Prima Facie Evidence -- Contraband

(a)    In a proceeding on a complaint for a return of money, an acquittal, dismissal, or nolle prosequi with respect to the gambling charges or indictments involved in the seizure of the money is prima facie evidence that the money is not contraband.
(b)    A conviction, plea of guilty or of nolo contendere, or probation under § 6-220 of this article is prima facie evidence that the money is contraband.
(c)    Marking a charge “stet” on the docket does not create any presumption as to whether money is contraband.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 1 - Gambling Violations › Section 13-108 - Grounds for Forfeiture

(a)    Subject to subsection (b) of this section, if a complaint is not timely and properly filed or if the action is finally decided against the claimant, the seized money not disposed of shall be forfeited to the custodian without further judicial action.
(b)    For the seized money to be forfeited, timely notice must be given by certified mail or other appropriate means to any known claimants, at their last known addresses, of the requirements of this section for making claim for the return of seized money.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 2 - Violations of Gun Laws › Section 13-201 - Property Subject to Seizure and Forfeiture

The following property is subject to seizure and forfeiture:
(1)    a handgun worn, carried, or transported in violation of § 4-203 or § 4-204 of the Criminal Law Article or sold, rented, transferred, or possessed in violation of § 5-103, § 5-104, § 5-118, § 5-119, § 5-120, § 5-121, § 5-122, § 5-123, § 5-124, § 5-125, § 5-126, § 5-127, § 5-128, § 5-129, § 5-133(a), (b), and (d), § 5-134, or § 5-136 of the Public Safety Article; and
(2)    ammunition, handgun parts, or handgun appurtenances that are:
(i)    worn, carried, or transported in violation of § 4-203 or § 4-204 of the Criminal Law Article; or
(ii)    found in the immediate vicinity of a handgun worn, carried, or transported in violation of § 4-203 or § 4-204 of the Criminal Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 2 - Violations of Gun Laws › Section 13-202 - Seizure of Property

(a)    An authorized law enforcement officer may seize property listed under § 13-201 of this subtitle as an incident to an arrest or search and seizure.
(b)    An officer who seizes property under this section shall place the property under seal or remove the property to a location designated by the Department of State Police or by the law enforcement unit having jurisdiction in the locality.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 2 - Violations of Gun Laws › Section 13-203 - Procedures After Seizure

(a)    (1)    By an appropriate inquiry and investigation, the seizing authority shall attempt to identify and locate the owner of a handgun that is seized.
(2)    If the owner is a resident of the State, the seizing authority may return the handgun to the owner.
(3)    If the owner of the handgun is not a resident of the State, the seizing authority shall send the handgun for disposition to the appropriate law enforcement unit where the owner is a resident if the handgun:
(i)    is not needed for investigation or evidence; or
(ii)    is not disposed of under subsection (b) of this section.
(b)    (1)    If the seizing authority under subsection (a) of this section does not return the handgun to its owner, the seizing authority shall promptly notify the owner that the owner may apply within 30 days to the seizing authority for a review to determine whether the owner knew or should have known that the handgun was worn, carried, transported, or used in violation of § 4-203 or § 4-204 of the Criminal Law Article, and whether the owner is qualified to possess the handgun.
(2)    Qualification for possession of a handgun is the same as for sale or transfer of a handgun under §§ 5-103, 5-104, 5-118, 5-119, 5-120, 5-121, 5-122, 5-123, 5-124, 5-125, 5-126, and 5-127 of the Public Safety Article.
(c)    A person who knowingly gives false information or makes a material misstatement in an application for review or an investigation relating to an application is subject to the penalties under § 5-139 of the Public Safety Article.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 2 - Violations of Gun Laws › Section 13-204 - Determining Owner's Knowledge of Handgun Violation

(a)    (1)    On timely receipt of an application, the seizing authority shall hold an informal review to determine whether the owner knew or should have known of the use or intended use of a handgun that is seized in violation of § 4-203 or § 4-204 of the Criminal Law Article.
(2)    The review is not subject to the Administrative Procedure Act.
(b)    (1)    Subject to paragraph (2) of this subsection, the handgun that is seized shall be released to the owner if the seizing authority decides in favor of the owner and the owner is qualified to possess the handgun.
(2)    If the handgun is needed as evidence in a criminal case or investigation, the handgun shall be promptly returned when the case or investigation ends.
(c)    (1)    After review, if the seizing authority determines that the handgun should be forfeited to the State, the owner shall be notified at the owner’s last known address.
(2)    Within 30 days after notification, the owner may ask the appropriate District Court for release of the handgun.
(3)    The State’s Attorney shall represent the State in the action.
(4)    The District Court shall hear the matter and grant proper relief in accordance with this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 2 - Violations of Gun Laws › Section 13-205 - Seized Handguns in Criminal Cases

(a)    (1)    In a proceeding in a criminal cause involving a seized handgun, a court may order forfeiture or release of the seized handgun in accordance with this subsection.
(2)    A person who has made a written claim of ownership of a handgun to the seizing authority or the State’s Attorney shall be notified of the proceeding and of the claimant’s right to present the claim at the proceeding.
(3)    A claimant who has completed the review procedure provided for by this subtitle is not entitled to a second review under this subsection.
(b)    If a timely application for a review or a complaint to the court under § 13-204 of this subtitle does not occur, and an order for release under subsection (a) of this section is not issued, the handgun shall be:
(1)    forfeited to the State without further proceedings; and
(2)    destroyed by the seizing authority or disposed of in accordance with § 13-206 of this subtitle.
(c)    If an owner of a seized handgun is not identified and located, the handgun is forfeited to the State without further proceedings.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 2 - Violations of Gun Laws › Section 13-206 - Disposition of Forfeited Property

(a)    Whenever property is forfeited under this subtitle, the law enforcement unit that sought forfeiture of the property may only:
(1)    order the property retained for the official use of the law enforcement unit;
(2)    destroy the forfeited property; or
(3)    sell, exchange, or transfer the forfeited property to another law enforcement unit for official use by that unit.
(b)    Within 30 days after disposing of forfeited property, a law enforcement unit shall send to the Secretary of State Police:
(1)    a description of the property forfeited;
(2)    the type of disposition made; and
(3)    the identity of the person to whom the property was transferred for disposal, retention, or official use.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 3 - Violations of Explosives Laws › Section 13-301 - Forfeiture for Violation of Explosives Laws

(a)    This section does not apply to a vehicle unless the owner authorized or allowed the vehicle to be used or employed in concealing, conveying, or transporting explosives during the course of a violation of Title 11, Subtitle 1 of the Public Safety Article.
(b)    In addition to any other penalty provided for a violation of Title 11, Subtitle 1 of the Public Safety Article, if a person on whom a penalty is imposed under § 11-116 of the Public Safety Article uses or employs a motor vehicle, other vehicle, vessel, or aircraft in concealing, conveying, or transporting explosives during the course of a violation of Title 11, Subtitle 1 of the Public Safety Article, the court on conviction of the person shall order the motor vehicle, other vehicle, vessel, or aircraft to be forfeited to the State or a county, based on which jurisdiction initiated the investigation.
(c)    If a court orders forfeiture under subsection (b) of this section, the interest transferred to the State or county is subordinate to the holder of a perfected security interest in the motor vehicle, other vehicle, vessel, or aircraft.
(d)    (1)    After discharging any perfected security interest in a forfeited motor vehicle, other vehicle, vessel, or aircraft, the Secretary of State Police or the local governing body of a county may:
(i)    use the forfeited motor vehicle, other vehicle, vessel, or aircraft for public purposes; or
(ii)    sell, exchange, or convey the forfeited motor vehicle, other vehicle, vessel, or aircraft.
(2)    Any money received from the sale, exchange, or conveyance shall be deposited in the General Fund of the State or county.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 4 - Violations of the Maryland Mortgage Fraud Protection Act › Section 13-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Forfeiting authority” has the meaning stated in § 12–101 of this article.
(c)    “Governing body” has the meaning stated in § 12–101 of this article.
(d)    “Lienholder” has the meaning stated in § 12–101 of this article.
(e)    “Mortgage Fraud law” means the Maryland Mortgage Fraud Protection Act, Title 7, Subtitle 4 of the Real Property Article.
(f)    “Owner” has the meaning stated in § 12–101 of this article.
(g)    “Proceeds” includes property derived directly or indirectly in connection with or as a result of a violation of the Mortgage Fraud law.
(h)    (1)    “Property” includes:
(i)    real property and anything growing on or attached to real property;
(ii)    personal property; and
(iii)    money.
(2)    “Property” does not include a lessor’s interest in property subject to a bona fide lease, unless the forfeiting authority can show that:
(i)    the lessor participated in a violation of the Mortgage Fraud law; or
(ii)    the property was the proceeds of a violation of the Mortgage Fraud law.
(i)    “Seizing authority” has the meaning stated in § 12–101 of this article.
2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 4 - Violations of the Maryland Mortgage Fraud Protection Act › Section 13-402 - Property Subject to Forfeiture

The following property is subject to forfeiture:
(1)    property used or intended for use in the course of a violation of the Mortgage Fraud law;
(2)    property derived from or realized through a violation of the Mortgage Fraud law; and
(3)    proceeds of property described in item (1) or (2) of this section.