# Criminal Procedure (GCP)

## Title 12. Forfeiture -- Controlled Dangerous Substances Violations

### Subtitle 1. Definitions; Property Subject to Forfeiture

#### Section 12-101

(a) In this title 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 or county council;

  (4) for a county commissioner county, the county commissioners; or

  (5) for a municipal corporation, the legislative body established by municipal charter.

(c) "Controlled Dangerous Substances law" means Title 5 of the Criminal Law Article.

(d) "Convicted" means found guilty.

(e) "Final disposition" means a dismissal, entry of a nolle prosequi, the marking of a criminal charge "stet" on the docket, entry of a not guilty verdict, the pronouncement of sentence, or imposition of probation under Sec. 6-220 of this article.

(f) "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.

(g) "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 Police Department of Baltimore City.

(h) "Lien" includes a mortgage, deed of trust, pledge, security interest, encumbrance, or 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 that 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" includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.

(m)

  (1) "Property" includes:

    (i) real property and anything growing on or attached to real property;

    (ii) tangible and intangible personal property, including:

      (1) securities;

      (2) negotiable and nonnegotiable instruments;

      (3) vehicles and conveyances of any type;

      (4) privileges;

      (5) interests;

      (6) claims; and

      (7) rights;

    (iii) an item, object, tool, substance, device, or weapon used in connection with a crime under the Controlled Dangerous Substances law; and

    (iv) 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 crime under the Controlled Dangerous Substances 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 crime under the Controlled Dangerous Substances law or that the property was the proceeds of a crime under the Controlled Dangerous Substances law.

(n)

  (1) "Real property" means land or an improvement to land.

  (2) "Real property" includes:

    (i) a leasehold or other limited interest in real 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 Controlled Dangerous Substances law and that has seized property under this title.

#### Section 12-102

(a) The following are subject to forfeiture:

  (1) controlled dangerous substances manufactured, distributed, dispensed, acquired, or possessed in violation of the Controlled Dangerous Substances law;

  (2) raw materials, products, and equipment used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting a controlled dangerous substance in violation of the Controlled Dangerous Substances law;

  (3) property used or intended for use as a container for property described in item (1) or (2) of this subsection;

  (4) except as provided in Sec. 12-103 of this subtitle, conveyances, including aircraft, vehicles, or vessels used or intended to be used to transport, or facilitate the transportation, sale, receipt, possession, or concealment of property described in item (1) or (2) of this subsection;

  (5) books, records, and research, including formulas, microfilm, tapes, and data used or intended for use in violation of the Controlled Dangerous Substances law;

  (6) subject to subsection (b) of this section, weapons used or intended to be used in connection with the unlawful manufacture, distribution, or dispensing of a controlled dangerous substance or controlled paraphernalia;

  (7) subject to subsection (b) of this section, any amount of money that is used or intended to be used in connection with the unlawful manufacture, distribution, or dispensing of a controlled dangerous substance;

  (8) drug paraphernalia under Sec. 5-619 of the Criminal Law Article;

  (9) controlled paraphernalia under Sec. 5-620 of the Criminal Law Article;

  (10) except as provided in Sec. 12-103 of this subtitle, the remaining balance of the proceeds of a sale by a holder of an installment sale agreement under Sec. 12-626 of the Commercial Law Article of goods seized under this subtitle;

  (11) except as provided in Sec. 12-103 of this subtitle, real property; and

  (12) everything of value furnished, or intended to be furnished, in exchange for a controlled dangerous substance in violation of the Controlled Dangerous Substances law, all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate any violation of the Controlled Dangerous Substances law.

(b)

  (1) All rights in, title to, and interest in the money or weapons immediately shall vest in:

    (i) the State, if the seizing authority was a State unit;

    (ii) the county in which the money or weapons were seized, if the seizing authority was a county law enforcement unit, including a sheriff's office; or

    (iii) the municipal corporation in which the money or weapons were seized, if the seizing authority was a law enforcement unit of a municipal corporation.

  (2) The money or weapons may be returned to the claimant only as this title provides.

#### Section 12-103

(a) Property or an interest in property described in Sec. 12-102(a)(4), (11), and (12) of this subtitle may not be forfeited unless the State establishes by a preponderance of the evidence that the violation of the Controlled Dangerous Substances law was committed with the owner's actual knowledge.

(b)

  (1) A conveyance used as a common carrier or vehicle for hire in the transaction of business as a common carrier or vehicle for hire may not be seized or forfeited under this title unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of the Controlled Dangerous Substances law.

  (2) A conveyance may not be forfeited under this title 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 conveyance in criminal violation of federal law or the law of any state.

(c) An owner's interest in real property may not be forfeited for a violation of Sec. 5-601, Sec. 5-619, or Sec. 5-620 of the Criminal Law Article.

(d)

  (1) Except as provided in paragraph (2) of this subsection, 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 Sec.Sec. 5-602 through 5-609, Sec.Sec. 5-612 through 5-614, Sec. 5-617, Sec. 5-618, or Sec. 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.

  (2) Without a conviction, a court may order a forfeiture of real 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.

(e) 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 Sec.Sec. 5-602 through 5-609, Sec.Sec. 5-612 through 5-614, Sec. 5-617, Sec. 5-618, or Sec. 5-628 of the Criminal Law Article or with an attempt or conspiracy to violate Title 5 of the Criminal Law Article; and

  (2) both the husband and wife are convicted of a violation of Sec.Sec. 5-602 through 5-609, Sec.Sec. 5-612 through 5-614, Sec. 5-617, Sec. 5-618, or Sec. 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.

#### Section 12-104

(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.".

### Subtitle 2. Seizure

#### Section 12-201

(a) A Schedule I substance listed in Sec. 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 Sec. 5-402 or Sec. 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.

#### Section 12-202

(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.

#### Section 12-203

(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 Sec. 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.

#### Section 12-204

(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.

#### Section 12-205

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 Sec. 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.

#### Section 12-206

(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 Sec. 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.

#### Section 12-207

(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 Sec. 12-205 of this subtitle; or

  (2) the standards listed under Sec. 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 Sec. 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.

#### Section 12-208

(a)

  (1) Except as provided in Sec.Sec. 12-209 and 12-210 of this subtitle, an owner of seized property who wishes to obtain possession of the property, to convey an interest in real property, or to remove a building or fixture from real property shall notify the clerk of the proper court.

  (2) If forfeiture proceedings have begun, the proper court is the court where the proceedings have begun.

  (3) If criminal proceedings have begun but forfeiture proceedings have not begun, the proper court is the court where the criminal proceedings have begun.

  (4) If neither forfeiture nor criminal proceedings have begun, the proper court is the circuit court for the county where the property was seized.

(b)

  (1) Unless the forfeiting authority and the owner agree to a bond in another amount, if a motor vehicle is not needed for evidentiary purposes in a judicial proceeding:

    (i) the court shall appraise the value of the motor vehicle on the basis of the average value of the motor vehicle set forth in the National Automobile Dealer's Association official used car guide; or

    (ii) if the owner shows that a lien is on the motor vehicle and the owner agrees to make the required payments to the lienholder, the court shall require a bond in an amount of the average value of the motor vehicle set forth in the National Automobile Dealer's Association official used car guide, less the amount owed on the lien.

  (2) For a motor vehicle, the court shall appraise the value in the manner provided in this subsection and provide the appraisal in writing to the clerk of the court.

(c)

  (1) If property other than a motor vehicle is not needed for evidentiary purposes in a judicial proceeding, the clerk shall obtain an independent appraisal of the value of the property.

  (2) The sheriff or other person responsible for an appraisal under this subsection shall promptly:

    (i) inspect and appraise the value of the property; and

    (ii) return the appraisal in writing under oath to the clerk of the court.

(d) Notice of the appraisal shall be sent to all lienholders shown in the records required by law for notice or the perfection of the lien.

(e)

  (1) On the filing of an appraisal, the owner may give bond payable to the clerk of the court in an amount equal to the greater of:

    (i) the appraised value of the property plus any accrued costs; or

    (ii) the aggregate amount of the liens on the property that are shown in the records required by law for the notice or perfection of liens.

  (2) A person may give a bond under this section by cash, through a surety, through a lien on real property, or by other means that the clerk approves.

  (3) A bond authorized under this section:

    (i) shall be conditioned for performance on final judgment by the court;

    (ii) shall be filed in the District Court or circuit court where the criminal action that gave rise to the seizure is pending; and

    (iii) unless a complaint for forfeiture has been filed, shall be part of the same criminal proceeding.

  (4) If a criminal action is not pending or a forfeiture complaint has not been filed, the bond shall be filed in the circuit court or District Court where the property was seized.

(f)

  (1) If the court orders that property or an interest or equity in the property or proceeds be forfeited under this title, the court shall enter judgment in the amount of the bond against the obligors on the bond without further proceedings.

  (2) Payment of the amount of the bond shall be applied as provided under Sec. 12-402(d)(2) of this title.

#### Section 12-209

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.

#### Section 12-210

(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.

#### Section 12-211

(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 Sec. 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.

#### Section 12-212

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.

### Subtitle 3. Forfeiture Proceedings

#### Section 12-301

Except as provided in Sec. 12-304(d) of this subtitle, if property is seized under Sec. 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.

#### Section 12-302

(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.

#### Section 12-303

Except as provided in Sec. 12-302 of this subtitle and Sec. 4-401(9) of the Courts Article, the appropriate forfeiting authority shall file proceedings under this title in the circuit court.

#### Section 12-304

(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 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 Sec. 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.

#### Section 12-305

(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.

#### Section 12-306

(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 Sec. 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.

#### Section 12-307

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.

#### Section 12-308

(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 Sec. 12-306(b)(1) or (2) of this subtitle; or

  (2) final publication of notice under Sec. 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.

#### Section 12-309

Except as provided in Sec. 12-103(e) of this title and Sec. 12-312 of this subtitle, an owner's interest in real property may be forfeited if the real property was used in connection with a violation of Sec.Sec. 5-602 through 5-609, Sec.Sec. 5-612 through 5-614, Sec. 5-617, Sec. 5-618, or Sec. 5-628 of the Criminal Law Article or is convicted of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.

#### Section 12-310

(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.

#### Section 12-311

If an owner of real property used as the principal family residence is convicted under Sec.Sec. 5-602 through 5-609, Sec.Sec. 5-612 through 5-614, Sec. 5-617, Sec. 5-618, or Sec. 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 Sec. 12-103(e) of this title or Sec. 12-312(b) of this subtitle against the real property during the pendency of the appeal.

#### Section 12-312

(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 Sec.Sec. 5-602 through 5-609, Sec.Sec. 5-612 through 5-614, Sec. 5-617, Sec. 5-618, or Sec. 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 Sec. 12-103(d)(2) of this title.

#### Section 12-313

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.

### Subtitle 4. Disposition

#### Section 12-401

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.

#### Section 12-402

(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 Sec. 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 Sec. 12-403(b) of this subtitle, to the General Fund of the State or of the political subdivision that seized the property.

#### Section 12-403

(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 Sec. 12-402(b) of this subtitle, the court shall order the property to be forfeited to the State law enforcement unit; or

  (2) under Sec. 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 and Policy 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.

#### Section 12-404

A sale of property ordered under this title shall be made for cash and gives the purchaser clear and absolute title.

#### Section 12-405

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.

### Subtitle 5. Lienholders

#### Section 12-501

(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.

#### Section 12-502

(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.

#### Section 12-503

(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.

#### Section 12-504

(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.

#### Section 12-505

This title does not prohibit a lienholder from exercising rights under applicable law, including the right to sell property that has been seized under this title, if a default occurs in the obligation giving rise to the lien.

### Subtitle 6. Reporting

#### Section 12-601

In this subtitle, "MSAC" means the Maryland Statistical Analysis Center of the Governor's Office of Crime Prevention and Policy.

#### Section 12-602

(a) On an annual basis, each seizing authority in consultation with the corresponding forfeiting authority shall report how any funds appropriated to the authority as a result of forfeiture were spent in the preceding fiscal year and the following information about each individual seizure and forfeiture completed by the agency under this title:

  (1) the date that currency, vehicles, houses, or other types of property were seized;

  (2) the type of property seized, including year, make, and model, as applicable;

  (3) the outcome of related criminal action, including whether charges were brought, a plea bargain was reached, a conviction was obtained, or an acquittal was issued;

  (4) whether a unit of federal government took custody of the seized property, and the name of the unit;

  (5) for property other than money, the market value of the property seized;

  (6) if money was seized, the amount of money;

  (7) the amount the seizing authority received in the prior year from the federal government as part of an equitable sharing agreement;

  (8) the race and gender of the person or persons from whom the property was seized, if known; and

  (9) whether the property was returned to the owner.

(b) MSAC may require a seizing authority to provide relevant information not specified in subsection (a) of this section.

(c)

  (1) Each seizing authority shall file with MSAC the report required under subsection (a) of this section for the seizing authority and the corresponding forfeiting authority.

  (2) A null report shall be filed by a seizing authority that did not engage in seizures or forfeitures under this title during the reporting period.

(d)

  (1) MSAC shall develop a standard form, a process, and deadlines for electronic data entry for annual submission of forfeiture data by seizing authorities.

  (2) MSAC shall compile the submissions and issue an aggregate report of all forfeitures under this title in the State.

(e)

  (1) By March 1 of each year, MSAC shall make available on its website the reports submitted by seizing authorities and the aggregate report of MSAC.

  (2) The Governor's Office of Crime Prevention and Policy shall submit the aggregate report to the Governor, the General Assembly, as provided in Sec. 2-1257 of the State Government Article, and each seizing authority before September 1 of each year.

(f)

  (1) The Governor's Office of Crime Prevention and Policy shall include in the aggregate report the total amount from forfeitures deposited in the General Fund of the State under Sec. 12-405 of this title that were appropriated to the Maryland Department of Health for the purpose of funding drug treatment and education programs and how the funds were spent.

  (2) The Governor's Office of Crime Prevention and Policy may include, with the aggregate report of MSAC, recommendations to the legislature to improve forfeiture statutes to better ensure that forfeiture proceedings are reported and handled in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, and taxpayers.

(g)

  (1) If a seizing authority fails to comply with the reporting provisions of this section:

    (i) the Governor's Office of Crime Prevention and Policy shall report the noncompliance to the Police Training and Standards Commission; and

    (ii) the Police Training and Standards Commission shall contact the seizing authority and request that the agency comply with the required reporting provisions.

  (2) If the seizing authority fails to comply with the required reporting provisions within 30 days after being contacted by the Police Training and Standards Commission, the Governor's Office of Crime Prevention and Policy and the Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.

(h)

  (1) MSAC may recoup its costs by charging a fee to each seizing authority that engages in seizures or forfeitures during the reporting period.

  (2) A seizing authority may use forfeiture proceeds to pay the cost of compiling and reporting data under this subtitle, including any fee imposed by MSAC.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)