2023 Maryland Statutes › Criminal Procedure › Title 13 - Other Forfeitures › Subtitle 5 - Violations of the Human Trafficking Law › Section 13-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Chief executive officer” means:
(1)    for Baltimore City, the Mayor;
(2)    for a charter county, the county executive or, if there is no county executive, the county council;
(3)    for a code county, the county commissioners;
(4)    for a commission county, the county commissioners; or
(5)    for a municipal corporation, the legislative body established by municipal charter.
(c)    “Convicted” means found guilty.
(d)    “Final disposition” means dismissal, entry of a nolle prosequi, marking of a criminal charge “stet” on the docket, entry of a not guilty verdict, pronouncement of sentence, or imposition of probation under § 6–220 of this article.
(e)    “Forfeiting authority” means:
(1)    the unit or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body having jurisdiction over assets subject to forfeiture to act on behalf of the governing body regarding those assets; or
(2)    if the seizing authority is a unit of the State, a unit or person that the Attorney General or the Attorney General’s designee designates by agreement with a State’s Attorney, county attorney, or municipal attorney to act on behalf of the State regarding assets subject to forfeiture by the State.
(f)    “Governing body” includes:
(1)    the State, if the seizing authority is a unit of the State;
(2)    a county, if the seizing authority is a unit of a county;
(3)    a municipal corporation, if the seizing authority is a unit of a municipality; and
(4)    Baltimore City, if the seizing authority is the Baltimore Police Department.
(g)    “Human trafficking law” means § 3–324, § 3–1102, § 3–1103, § 11–207, § 11–304, and § 11–305 of the Criminal Law Article.
(h)    “Lien” includes a mortgage, a deed of trust, a pledge, a security interest, an encumbrance, and a right of setoff.
(i)    “Lienholder” means a person who has a lien or a secured interest on property created before the seizure.
(j)    “Local financial authority” means:
(1)    if the seizing authority is a unit of a county, the treasurer or director of finance of the county; or
(2)    if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of the municipal corporation.
(k)    (1)    “Owner” means a person having a legal, equitable, or possessory interest in property.
(2)    “Owner” includes:
(i)    a co–owner;
(ii)    a life tenant;
(iii)    a remainderman to a life tenancy in real property;
(iv)    a holder of an inchoate interest in real property; and
(v)    a bona fide purchaser for value.
(l)    “Proceeds” means profits derived from a violation of the human trafficking law or property obtained directly or indirectly from those profits.
(m)    (1)    “Property” includes:
(i)    real property and anything growing on or attached to real property;
(ii)    motor vehicles; and
(iii)    money.
(2)    “Property” does not include:
(i)    an item unlawfully in the possession of a person other than the owner when used in connection with a violation of the human trafficking law; or
(ii)    a lessor’s interest in property subject to a bona fide lease, unless the forfeiting authority can show that the lessor participated in a violation of the human trafficking law or that the property was the proceeds of a violation of the human trafficking law.
(n)    (1)    “Real property” means land or an improvement to land.
(2)    “Real property” includes:
(i)    a leasehold or any other limited interest in property;
(ii)    an easement; and
(iii)    a reversionary interest in a 99–year ground lease renewable forever.
(o)    “Seizing authority” means a law enforcement unit in the State that is authorized to investigate violations of the human trafficking law and that has seized property under this subtitle.