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<section article="gps" article_name="Public Safety" number="3-505" title_number="3" title_name="Law Enforcement" subtitle_number="5">
  <level label="a">
    <text>In this section, “local law enforcement agency” means the police department of a county or municipal corporation in the State.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>This section does not apply to personal property purchased or otherwise acquired for use by a local law enforcement agency or to contraband.</text>
    </level>
    <level label="2">
      <text>This section does not apply to personal property  retained by a local law enforcement agency for use as evidence in a  criminal prosecution.</text>
    </level>
    <level label="3">
      <text>This section does not supersede the provisions for  seizure and forfeiture contained in Titles 12 and 13 of the Criminal  Procedure Article.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in paragraph (2) of this  subsection, the local law enforcement agency shall hold personal property that comes into the possession of the local law enforcement agency until the local law enforcement agency determines that:</text>
      <level label="i">
        <text>the property is no longer needed in connection with a prosecution; or</text>
      </level>
      <level label="ii">
        <text>if the property is not connected to a prosecution, retention of the property is no longer relevant to the local law enforcement agency.</text>
      </level>
    </level>
    <level label="2">
      <text>Personal property that is used as evidence in a  criminal prosecution shall be retained by a local law enforcement  agency in the same manner as other evidence retained by the agency.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>After a local law enforcement agency determines that personal property is no longer needed in connection with a prosecution or retention of the property is no longer relevant to the local law enforcement agency, the local law enforcement agency shall notify the owner of the property that the local law enforcement agency is in possession of the property.</text>
    </level>
    <level label="2">
      <text>After notification, the owner of the property has up to 30 days to secure the immediate release of the property to the owner or the owner’s designee with proper identification.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>At any time after personal property has been in the possession of a local law enforcement agency for 3 months and the local law enforcement agency determines that the property is no longer needed in connection with a prosecution or retention of the property is no longer relevant to the local law enforcement agency, the local law enforcement agency shall:</text>
      <level label="i">
        <text>give notice of the sale of the property by registered or certified mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence; and</text>
      </level>
      <level label="ii">
        <text>publish a description of the property and the time, place, and terms of the sale of the property in a newspaper of general circulation in the county or municipal corporation in each of two successive weeks.</text>
      </level>
    </level>
    <level label="2">
      <text>After complying with the requirements of paragraph (1) of this subsection, the local law enforcement agency may sell the property at public auction.</text>
    </level>
    <level label="3">
      <text>The terms and manner of sale may be established by rule.</text>
    </level>
  </level>
  <level label="f">
    <text>The certificate of the local law enforcement agency that personal property has been sold under this section is sufficient evidence of title to the property for all purposes, including the right to obtain a certificate of title or registration from an appropriate unit of the State.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>The amount received from the sale of personal property in accordance with this section shall be distributed in the following order of priority:</text>
      <level label="i">
        <text>first, to the local law enforcement agency in an amount equal to the expense of sale and all expenses incurred while the property was in the possession of the local law enforcement agency;</text>
      </level>
      <level label="ii">
        <text>second, to lienholders in order of their priority; and</text>
      </level>
      <level label="iii">
        <text>third, to the general fund of the county or municipal corporation, subject to paragraphs (2) and (3) of this subsection.</text>
      </level>
    </level>
    <level label="2">
      <text>At any time within 3 years after the date of a sale under this section, a person who submits satisfactory proof of the  right to possession of the property shall be paid, without interest, the amount distributed to the general fund of the county or municipal corporation under paragraph (1)(iii) of this subsection.</text>
    </level>
    <level label="3">
      <text>A claim under paragraph (2) of this subsection is barred if more than 3 years has passed since the date of a sale under this section.</text>
    </level>
  </level>
  <level label="h">
    <text>This section does not create or recognize any cause, action, or defense or abridge any immunity now or in the future held by a local law enforcement agency or an employee of a local law enforcement agency.</text>
  </level>
</section>
