Criminal Procedure (GCP) — Title 13. Other Forfeitures

In this subtitle the following words have the meanings indicated.

“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.

“Financial authority” means:

Money is prima facie contraband if a law enforcement officer in the State seizes the money in connection with an arrest for:

The seizing authority that seizes money that is contraband shall immediately:

A photograph taken under subsection (a) of this section may be substituted for money as evidence in a criminal or forfeiture proceeding.

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.

Seized money may be returned only as provided in this section.

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.

A claimant under subsection (b) of this section must:

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.

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.

Marking a charge “stet” on the docket does not create any presumption as to whether money is contraband.

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.

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.

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

ammunition, handgun parts, or handgun appurtenances that are:

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.

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.

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.

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:

If an owner of a seized handgun is not identified and located, the handgun is forfeited to the State without further proceedings.

Whenever property is forfeited under this subtitle, the law enforcement unit that sought forfeiture of the property may only:

Within 30 days after disposing of forfeited property, a law enforcement unit shall send to the Secretary of State Police:

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.

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.

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.

In this subtitle the following words have the meanings indicated.

“Forfeiting authority” has the meaning stated in § 12–101 of this article.

“Governing body” has the meaning stated in § 12–101 of this article.

“Lienholder” has the meaning stated in § 12–101 of this article.

“Mortgage Fraud law” means the Maryland Mortgage Fraud Protection Act, Title 7, Subtitle 4 of the Real Property Article.

“Owner” has the meaning stated in § 12–101 of this article.

“Proceeds” includes property derived directly or indirectly in connection with or as a result of a violation of the Mortgage Fraud law.

“Seizing authority” has the meaning stated in § 12–101 of this article.

property used or intended for use in the course of a violation of the Mortgage Fraud law;

property derived from or realized through a violation of the Mortgage Fraud law; and

proceeds of property described in item (1) or (2) of this section.

Property or an interest in property may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the Mortgage Fraud law was committed without the owner’s actual knowledge.

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:

Except as provided in subsection (b) of this section, property subject to forfeiture under this subtitle may be seized in accordance with the procedures set forth in §§ 12–202, 12–203, and 12–208 through 12–211 of this article.

The probable cause required under § 12–202(a)(2)(v) of this article is probable cause to believe that the property has been used or is intended to be used in violation of the Mortgage Fraud law.

Except as provided in subsection (b) of this section, forfeiture of property under this subtitle shall be conducted in accordance with the procedures set forth in §§ 12–301 through 12–308 of this article.

The allegation required under § 12–305(a)(7) of this article refers to the Mortgage Fraud law rather than the Controlled Dangerous Substances law.

Except as provided in subsections (e) and (f) of this section and § 12–403(c) of this article, an owner’s interest in real property may be forfeited if the real property was used in connection with a violation of the Mortgage Fraud law.

Forfeiture proceedings for real property may be brought in the jurisdiction where:

If an owner of real property used as the principal family residence is convicted under the Mortgage Fraud law and the owner files an appeal of the conviction, the court shall stay forfeiture proceedings under § 12–403(c) of this article or subsection (f) of this section against the real property during the pendency of the appeal.

Real property used as the principal family residence may not be forfeited under subsection (e) of this section unless:

Except as provided in this section, disposition of property after forfeiture under this subtitle shall be subject to §§ 12–401, 12–402, and 12–404 of this article.

The court determination under § 12–402(c) of this article shall include that the property was being used or was to be used in violation of the Mortgage Fraud law rather than the Controlled Dangerous Substances law.

In this subtitle the following words have the meanings indicated.

“Chief executive officer” means:

“Convicted” means found guilty.

“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.

“Forfeiting authority” means:

“Governing body” includes:

“Human trafficking law” means § 3–324, § 3–1102, § 3–1103, § 11–207, § 11–304, and § 11–305 of the Criminal Law Article.

“Lien” includes a mortgage, a deed of trust, a pledge, a security interest, an encumbrance, and a right of setoff.

“Lienholder” means a person who has a lien or a secured interest on property created before the seizure.

“Local financial authority” means:

“Proceeds” means profits derived from a violation of the human trafficking law or property obtained directly or indirectly from those profits.

“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.

except as provided in § 13–503 of this subtitle, a motor vehicle used in connection with a violation of and conviction under § 3–1102 or § 3–1103 of the Criminal Law Article;

money used in connection with a violation of and conviction under the human trafficking law, found in close proximity to or at the scene of the arrest for a violation of the human trafficking law; and

except as provided in § 13–503 of this subtitle, real property used in connection with a violation of and conviction under § 3–1102 or § 3–1103 of the Criminal Law Article.

Property or an interest in property described in § 13–502(1) or (3) of this subtitle may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the human trafficking law was committed without the owner’s actual knowledge.

Subject to subsection (d) of this section, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article.

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:

on a warrant issued by a court that has jurisdiction over the property; and

without a warrant when:

A seizing authority that seizes money under this subtitle immediately shall:

A photograph taken under subsection (a) of this section may be substituted for money as evidence in a criminal or forfeiture proceeding.

Property seized under this subtitle:

A seizing authority may place seized property under seal and remove the property to a place designated by the court.

A seizing authority may seize a motor vehicle used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article and recommend forfeiture to the forfeiting authority if the total circumstances of the case as listed in subsection (b) of this section dictate that seizure and forfeiture are justified.

Circumstances to be considered in deciding whether seizure and forfeiture are justified include:

The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article may recommend to the appropriate forfeiting authority in writing that the motor vehicle be forfeited only if the officer:

A sworn affidavit by the chief law enforcement officer that the officer followed the requirements of subsection (a) of this section is admissible in evidence in a proceeding under this subtitle.

The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that the total circumstances of the case as listed under § 13–507(b) of this subtitle do not justify forfeiture.

In a proceeding under this subtitle, the court may determine, based on the circumstances listed in § 13–507(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous:

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.

of a complaint for forfeiture under this subtitle; or

of a notice of pending litigation in the circuit court of the county where the real property is located.

Subject to the rights of a lienholder to sell the real property, an owner or an owner’s tenant may remain in possession of seized real property until forfeiture is ordered.

The forfeiting authority may apply to the court for the appointment of a receiver to apply income from income–producing property.

If a person who is an owner or an owner’s tenant remains in possession of the real property and the person’s interest in the real property is forfeited, the person immediately shall surrender the real property to the seizing authority in substantially the same condition as when seized.

This section does not apply if:

Until the court enters judgment in favor of the owner, an owner may not attempt:

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.

The complaint and affidavit shall be served in accordance with the Maryland Rules of Procedure.

Except as provided under subsections (b) and (c) of this section, a complaint seeking forfeiture shall be filed within the earlier of:

A complaint for the forfeiture of a motor vehicle shall be filed within 45 days after the motor vehicle is seized.

A complaint seeking forfeiture shall contain:

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.

A notice shall be signed by the clerk of the court and shall:

Within 20 days after the filing of the complaint, the notice shall be:

comply with the Maryland Rules;

state the nature and extent of the person’s right in, title to, or interest in the property;

state how and when the person acquired a right in, title to, or interest in the property; and

contain a request for relief and a request for a prompt hearing.

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:

Without a hearing, the court may order forfeiture of the property interest of a person who fails to timely file an answer.

Forfeiture proceedings for real property may be brought in the jurisdiction where:

Real property used as the principal family residence may not be forfeited under this section unless:

The court may order the forfeiture of other property of the owner up to the value of any property seized under this subtitle, with the exception of real property, if as a result of an act or omission of the owner the property to be forfeited:

The court may order the owner to return property to the jurisdiction of the court.

may grant requests for mitigation or remission of forfeiture or take other action that protects the rights of innocent persons, is consistent with this subtitle, and is in the interest of justice;

may resolve claims arising under this subtitle; and

may take appropriate measures to safeguard and maintain property forfeited under this subtitle pending the disposition of the property.

After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released.

Subject to § 13–529 of this subtitle, if the court determines that the property should be forfeited, the court shall order that the property be forfeited to the appropriate governing body.

keep the property for official use;

require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or

sell the property if:

The proceeds from a sale or the retention of property declared to be forfeited and any interest accrued shall be applied, first, to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of seizing and maintaining custody of the property and advertising.

Any balance remaining after the distribution required under subsection (a) of this section shall be distributed to the General Fund of the State or of the political subdivision that seized the property.

Before exercising the right to sell property that has been seized under this subtitle, a lienholder shall give to the forfeiting authority:

On request of the lienholder, the forfeiting authority shall release the property to the lienholder.

Except as provided in subsection (b) of this section, the law governing the sale of collateral securing an obligation in default governs a lienholder’s repossession and sale of property that has been seized under this subtitle.

A lienholder may not be required to take possession of the property before the sale of the property.

Any part of the proceeds from a sale of property that has been seized under this subtitle that would be paid to an owner of the property under the applicable law relating to distribution of proceeds:

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.

If the interest of the owner in property that has been seized under this subtitle is redeemed, the lienholder shall mail a notice of the redemption to the forfeiting authority within 10 days after the redemption.

Time limitations required under this subtitle for notice and filing of the complaint for forfeiture run from the date of redemption or purchase of the property that has been seized under this subtitle.