# Criminal Procedure (GCP)

## Title 13. Other Forfeitures

### Subtitle 1. Gambling Violations

#### Section 13-101

(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.

#### Section 13-102

(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.

#### Section 13-103

(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.

#### Section 13-104

Pending final disposition, the financial authority shall account for and deposit seized money in an interest-bearing bank account or invest the seized money in accordance with Title 17 of the Local Government Article.

#### Section 13-105

(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.

#### Section 13-106

(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.

#### Section 13-107

(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 Sec. 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.

#### Section 13-108

(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.

#### Section 13-109

This subtitle does not prohibit the trial judge, after an acquittal or dismissal, from ordering the immediate return of all property seized.

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