EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1063*
HOUSE BILL 1063
E1, E2 4lr1862
CF SB 1111
By: Delegate Williams
Introduced and read first time: February 7, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Organizations – Criminal Prohibitions, Civil Actions, and Forfeiture 2
FOR the purpose of establishing the statute of limitations for a certain civil action for 3
damages resulting from certain participation in a criminal organization; altering 4
certain definitions of “criminal organization” and “underlying crime”; authorizing the 5
filing of and establishing procedures for a civil action for injunctive relief and 6
damages arising out of certain participation in a criminal organization; establishing 7
procedures for the forfeiture of property connected to certain participation in a 8
criminal organization; and generally relating to criminal organizations. 9
BY adding to 10
Article – Courts and Judicial Proceedings 11
Section 5–122 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Criminal Law 16
Section 9–801 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – Criminal Law 21
Section 9–804 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2023 Supplement) 24
BY adding to 25
Article – Criminal Law 26
Section 9–808 27 2 HOUSE BILL 1063
Annotated Code of Maryland 1
(2021 Replacement Volume and 2023 Supplement) 2
BY adding to 3
Article – Criminal Procedure 4
Section 13–601 through 13–637 to be under the new subtitle “Subtitle 6. Violations 5
of the Criminal Organizations Law” 6
Annotated Code of Maryland 7
(2018 Replacement Volume and 2023 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Courts and Judicial Proceedings 11
5–122. 12
A CIVIL ACTION FOR DAM AGES RESULTING FROM PARTICIPATION IN A 13
CRIMINAL ORGANIZATIO N BROUGHT UNDER § 9–808 OF THE CRIMINAL LAW 14
ARTICLE SHALL BE BROU GHT WITHIN 5 YEARS AFTER THE COND UCT IN VIOLATION 15
OF § 9–804 OF THE CRIMINAL LAW ARTICLE TERMINATES . 16
Article – Criminal Law 17
9–801. 18
(a) In this subtitle the following words have the meanings indicated. 19
(b) “Coerce” means to compel or attempt to compel another by threat of harm or 20
other adverse consequences. 21
(c) “Criminal organization” means an enterprise, INCLUDING AN INFORMA L 22
ASSOCIATION, whose members: 23
(1) individually or collectively engage in a pattern of organized crime 24
activity; 25
(2) have as one of their primary objectives or activities the commission of 26
one or more underlying crimes, including acts by juveniles that would be underlying crimes 27
if committed by adults; and 28
(3) have in common an overt or covert organizational or command 29
structure. 30
(d) “Enterprise” includes: 31
HOUSE BILL 1063 3
(1) a sole proprietorship, partnership, corporation, business trust, or other 1
legal entity; or 2
(2) any group of individuals associated in fact although not a legal entity. 3
(e) “Pattern of organized crime activity” means the commission of, attempted 4
commission of, conspiracy to commit, or solicitation of two or more underlying crimes or 5
acts by a juvenile that would be an underlying crime if committed by an adult, provided the 6
crimes or acts were not part of the same incident. 7
(f) “Solicit” has the meaning stated in § 11–301 of this article. 8
(g) “Underlying crime” means: 9
(1) a crime of violence as defined under § 14–101 of this article; 10
(2) a violation of § 3–203 (second degree assault), § 3–1102 (sex trafficking), 11
§ 3–1103 (forced marriage), § 4–203 (wearing, carrying, or transporting a handgun), § 12
4–204 (USE OF A FIREARM IN THE COMMISSION OF A CRIME), § 13
7–113 (embezzlement by fiduciary), or § 7–315 (theft – telecommunications–related) of this 14
article, § 9–102 (subornation of perjury), § 9–202(a) (bribery of juror), § 9–302 (inducing 15
false testimony or avoidance of subpoena), § 9–303 (retaliation for testimony), § 9–305 16
(intimidating or corrupting juror), § 9–306 (obstruction of justice), § 9–307 (destruction of 17
evidence), § 9–412 (CONTRABAND – IN GENERAL), § 9–413 (contraband – for escape), § 18
9–416 (contraband – controlled dangerous substance), or § 9–417 (contraband – 19
telecommunications–related) of this title, or § 11–304 (receiving earnings of prostitute), § 20
11–307 (house of prostitution), or § 12–104 (gaming offenses) of this article; 21
(3) a felony violation of § 3–701 (extortion), § 4–503 (manufacture or 22
possession of destructive device), § 5–602 (distribution of CDS), § 5–603 (manufacturing 23
CDS or equipment), § 5–604(b) (creating or possessing a counterfeit substance), § 5–606 24
(false prescription), § 6–103 (second degree arson), § 6–202 (first degree burglary), § 6–203 25
(second degree burglary), § 6–204 (third degree burglary), § 7–104 (theft), or § 7–105 26
(unauthorized use of a motor vehicle) of this article; 27
(4) a felony violation of § 5–133 of the Public Safety Article; 28
(5) THE COMMON LAW MISDE MEANOR OF MISCONDUCT IN OFFICE; 29
(6) FRAUD AND RELATED CRIMES UNDER TITLE 8 OF THIS ARTICLE; 30
(7) BRIBERY UNDER SUBTITLE 2 OF THIS TITLE; 31
(8) FALSE STATEMENTS UND ER SUBTITLE 5 OF THIS TITLE; 32
4 HOUSE BILL 1063
(9) IMPERSONATING A POLI CE OFFICER UNDER § 3–502 OF THE 1
PUBLIC SAFETY ARTICLE; 2
(10) THREAT OF MASS VIOLENCE UNDER TITLE 3, SUBTITLE 10 OF 3
THIS ARTICLE; 4
(11) INDECENCY AND OBSCEN ITY UNDER TITLE 11, SUBTITLE 1 OR 5
SUBTITLE 2 OF THIS ARTICLE; 6
(12) INSURANCE FRAUD UNDE R TITLE 27, SUBTITLE 4 OF THE 7
INSURANCE ARTICLE; 8
(13) A VIOLATION OF THE MARYLAND CONSUMER PROTECTION ACT 9
UNDER TITLE 13 OF THE COMMERCIAL LAW ARTICLE; 10
(14) REMOVAL OR FALSIFICA TION OF VEHICLE IDEN TIFICATION 11
NUMBER UNDER § 14–107 OF THE TRANSPORTATION ARTICLE; 12
(15) ABUSE OR NEGLECT OF A VULNERABLE ADULT U NDER § 3–604 OR 13
§ 3–605 OF THIS ARTICLE; 14
[(5)] (16) a crime under the laws of another state or of the United States 15
that would be a crime listed in items (1) through [(4)] (15) of this subsection if committed 16
in this State; or 17
[(6)] (17) the attempted commission of, conspiracy to commit, or 18
solicitation of a crime or act listed in items (1) through [(5)] (16) of this subsection. 19
9–804. 20
(a) A person may not: 21
(1) participate in a criminal organization knowing that the members of the 22
criminal organization engage in a pattern of organized crime activity; and 23
(2) knowingly and willfully direct or participate in an underlying crime, or 24
act by a juvenile that would be an underlying crime if committed by an adult, committed 25
for the benefit of, at the direction of, or in association with a criminal organization. 26
(b) A criminal organization or an individual belonging to a criminal organization 27
may not: 28
(1) receive proceeds known to have been derived directly or indirectly from 29
an underlying crime; and 30
HOUSE BILL 1063 5
(2) use or invest, directly or indirectly, an aggregate of $10,000 or more of 1
the proceeds from an underlying crime in: 2
(i) the acquisition of a title to, right to, interest in, or equity in real 3
property; or 4
(ii) the establishment or operation of any enterprise. 5
(c) A criminal organization may not acquire or maintain, directly or indirectly, 6
any interest in or control of any enterprise or real property through an underlying crime. 7
(d) A person may not conspire to violate subsection (a), (b), or (c) of this section. 8
(e) A person may not violate subsection (a) of this section that results in the death 9
of a victim. 10
(f) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a 11
person who violates this section is guilty of a felony and on conviction is subject to 12
imprisonment not exceeding 15 years or a fine not exceeding $1,000,000 or both. 13
(ii) A person who violates subsection (e) of this section is guilty of a 14
felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not 15
exceeding $5,000,000 or both. 16
(2) (i) A sentence imposed under paragraph (1)(i) of this subsection for 17
a first offense may be separate from and consecutive to or concurrent with a sentence for 18
any crime based on the act establishing a violation of this section. 19
(ii) A sentence imposed under paragraph (1)(i) of this subsection for 20
a second or subsequent offense, or paragraph (1)(ii) of this subsection shall be separate from 21
and consecutive to a sentence for any crime based on the act establishing a violation of this 22
section. 23
(iii) A consecutive sentence for a second or subsequent offense shall 24
not be mandatory unless the State notifies the person in writing of the State’s intention to 25
proceed against the person as a second or subsequent offender at least 30 days before trial. 26
(3) In addition to the other penalties provided in this subsection, on 27
conviction the court may: 28
(i) order a person or criminal organization to be divested of any 29
interest in an enterprise or real property; 30
(ii) order the dissolution or reorganization of an enterprise; and 31
6 HOUSE BILL 1063
(iii) order the suspension or revocation of any license, permit, or prior 1
approval granted to the enterprise or person by a unit of the State or a political subdivision 2
of the State. 3
(g) (1) This subsection applies to a violation of § 5–602, § 5–603, § 5–604(b), § 4
5–606, § 5–612, § 5–613, § 5–614, or § 5–617 of this article. 5
(2) Assets divested under this section and derived from the commission of, 6
attempted commission of, conspiracy to commit, or solicitation of a crime described in 7
paragraph (1) of this subsection, either in whole or in part: 8
(i) if the State investigated and prosecuted a violation described in 9
paragraph (1) of this subsection, shall be deposited in the Addiction Treatment Divestiture 10
Fund established under § 8–6D–01 of the Health – General Article; or 11
(ii) if a local jurisdiction investigated and prosecuted a violation 12
described in paragraph (1) of this subsection, shall be used by the local jurisdiction: 13
1. to support alternatives to incarceration, reentry programs, 14
and addiction treatment services for persons with substance–related disorders; 15
2. to combat criminal organizations through education, 16
training, and resources; or 17
3. to provide assistance to victims of criminal 18
organization–related crimes; and 19
(iii) if more than one jurisdiction participated in an investigation or 20
a prosecution of a violation described in paragraph (1) of this subsection, shall be divided 21
in the manner agreed on by the jurisdictions and used as provided in item (i) or (ii) of this 22
paragraph. 23
(h) A person may be charged with a violation of this section only by indictment, 24
criminal information, or petition alleging a delinquent act. 25
(i) (1) The Attorney General, at the request of the Governor or the State’s 26
Attorney for a county in which a violation or an act establishing a violation of this section 27
occurs, may: 28
(i) aid in the investigation of the violation or act; and 29
(ii) prosecute the violation or act. 30
(2) In exercising authority under paragraph (1) of this subsection, the 31
Attorney General has all the powers and duties of a State’s Attorney, including the use of 32
the grand jury in the county, to prosecute the violation. 33
HOUSE BILL 1063 7
(3) Notwithstanding any other provision of law, in circumstances in which 1
violations of this section are alleged to have been committed in more than one county, the 2
respective State’s Attorney of each county, or the Attorney General, may join the causes of 3
action in a single complaint with the consent of each State’s Attorney having jurisdiction 4
over an offense sought to be joined. 5
(j) Notwithstanding any other provision of law and provided at least one criminal 6
organization activity of a criminal organization allegedly occurred in the county in which a 7
grand jury is sitting, the grand jury may issue subpoenas, summon witnesses, and 8
otherwise conduct an investigation of the alleged criminal organization’s activities and 9
offenses in other counties. 10
9–808. 11
(A) AN AGGRIEVED PERSON O R THE STATE MAY FILE A COMP LAINT IN 12
CIRCUIT COURT TO ENJ OIN A VIOLATION OF § 9–804 OF THIS SUBTITLE. 13
(B) A COURT MAY, AFTER MAKING DUE PRO VISIONS FOR THE RIGH TS OF 14
INNOCENT PERSONS , GRANT A COMPLAINT FI LED UNDER SUBSECT ION (A) OF THIS 15
SECTION BY ISSUING A PPROPRIATE ORDERS AN D JUDGMENTS , INCLUDING: 16
(1) ORDERING A DEFENDANT TO DIVEST ANY INTERE ST IN AN 17
ENTERPRISE, REAL PROPERTY , OR PERSONAL PROPERTY ; 18
(2) IMPOSING REASONABLE RESTRICTIONS ON THE FUTURE 19
ACTIVITIES OR IN VESTMENTS OF A DEFEN DANT, INCLUDING PROHIBITIN G THE 20
DEFENDANT FROM ENGAG ING IN THE SAME TYPE OF ENDEAVOR AS THE 21
ENTERPRISE IN WHICH THE DEFENDANT WAS EN GAGED IN VIOLATION O F § 9–804 OF 22
THIS SUBTITLE; 23
(3) ORDERING THE DISSOLU TION OR REORGANIZATI ON OF AN 24
ENTERPRISE; 25
(4) ORDERING THE SUSPENS ION OR REVOCATION OF A LICENSE, 26
PERMIT, OR PRIOR APPROVAL GR ANTED TO AN ENTERPRI SE BY A STATE AGENCY ; 27
AND 28
(5) ORDERING THE FORFEIT URE OF THE CHARTER O F A 29
CORPORATION ORGANIZE D UNDER STATE LAW , OR THE REVOCATION OF 30
AUTHORIZATION FOR A FOREIGN CORPORATION TO CONDUCT BUSINESS IN THE 31
STATE, ON A FINDING THAT : 32
(I) THE BOARD OF DIRECTO RS OR A MANAGERIAL A GENT 33
ACTING ON BEHALF OF THE CORPORATION , IN CONDUCTING AFFAIR S OF THE 34 8 HOUSE BILL 1063
CORPORATION , HAS AUTHORIZED OR EN GAGED IN CONDUCT IN VIOLATION OF § 1
9–804 OF THIS SUBTITLE ; AND 2
(II) FOR THE PREVENTION O F FUTURE CRIMINAL A CTIVITY, THE 3
PUBLIC INTEREST REQU IRES THAT THE CHARTE R OF THE CORPORATION BE 4
FORFEITED AND THAT T HE CORPORATION BE DI SSOLVED OR ITS AUTHO RIZATION 5
TO CONDUCT BUSINESS IN THE STATE BE REVOKED . 6
(C) (1) IN AN ACTION UNDER TH IS SECTION, THE COURT SHALL GRAN T 7
RELIEF IN CONFORMITY WITH THE PRINCIPLES THAT GOVERN THE GRAN TING OF 8
INJUNCTIVE RELIEF FR OM THREATENED LOSS O R DAMAGE IN OTHER CI VIL CASES, 9
IF NO SHOWING OF SPE CIAL OR IRREPARABLE DAMAGE TO THE PLAINT IFF IS MADE. 10
(2) ON THE EXECUTION OF P ROPER BOND AGAINST DAMAGES FOR AN 11
INJUNCTION IMPROVIDE NTLY GRANTED AND A S HOWING OF IMMEDIATE DANGER OF 12
SIGNIFICANT LOSS OR DAMAGE, THE COURT MAY ISSUE A TEMPORARY RESTRAIN ING 13
ORDER AND A PRELIMIN ARY INJUNCTION BEFOR E A FINAL DETERMINAT ION ON THE 14
MERITS. 15
(D) A PERSON WHO IS INJURED AS A RESULT OF A VIOLAT ION OF § 9–804 OF 16
THIS SUBTITLE: 17
(1) HAS A CIVIL CAUSE OF ACTION AGAINST THE V IOLATOR FOR 18
THREE TIMES THE ACTU AL DAMAGES SUSTAINED AND, WHERE APPROPRIATE , 19
PUNITIVE DAMAGES ; AND 20
(2) IS ENTITLED TO RECOV ER ATTORNEY’S FEES IN THE TRIAL AND 21
APPELLATE COURTS AND COSTS OF INVESTIGATI ON AND LITIGATION RE ASONABLY 22
INCURRED. 23
(E) THE PLAINTIFF OR DEFE NDANT MAY DEMAND A J URY TRIAL IN ANY 24
CIVIL ACTION BROUGHT UNDER THIS SECTION . 25
(F) A CRIMINAL CONVICTION FOR A VIOLATION OF § 9–804 OF THIS 26
SUBTITLE SHALL ESTOP THE DEFENDANT IN ANY SUBSEQUENT CIVIL ACT ION UNDER 27
THIS SUBTITLE OR CIV IL FORFEITURE PROCEE DING UNDER TITLE 13, SUBTITLE 6 28
OF THE CRIMINAL PROCEDURE ARTICLE AS TO ALL MATTERS PR OVED IN THE 29
CRIMINAL PROCEEDING . 30
(G) (1) THE APPLICATION OF ON E CIVIL REMEDY UNDER THIS SECTION 31
DOES NOT PRECLUDE THE APP LICATION OF ANY OTHE R CIVIL OR CRIMINAL REMEDY 32
FOR A VIOLATION OF § 9–804 OF THIS SUBTITLE. 33
HOUSE BILL 1063 9
(2) CIVIL REMEDIES UNDER THIS SECTION ARE SUP PLEMENTAL TO 1
ANY OTHER REMEDY A VAILABLE. 2
Article – Criminal Procedure 3
SUBTITLE 6. VIOLATIONS OF THE CRIMINAL ORGANIZATION S LAW. 4
13–601. 5
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(B) “CHIEF EXECUTIVE OFFIC ER” MEANS: 8
(1) FOR BALTIMORE CITY, THE MAYOR; 9
(2) FOR A CHARTER COUNTY , THE COUNTY EXECUTIVE OR, IF THERE 10
IS NO COUNTY EXECUTI VE, THE COUNTY COUNCIL ; 11
(3) FOR A CODE COUNTY , THE COUNTY COMMISSIO NERS; 12
(4) FOR A COMMISSION COU NTY, THE COUNTY COMMISSIO NERS; OR 13
(5) FOR A MUNICIPAL CORP ORATION, THE LEGISLATIVE BODY 14
ESTABLISHED BY MUNIC IPAL CHARTER. 15
(C) “CONVICTED” MEANS FOUND GUILTY . 16
(D) “CRIMINAL ORGANIZATION S LAW” MEANS TITLE 9, SUBTITLE 8 OF THE 17
CRIMINAL LAW ARTICLE. 18
(E) “FINAL DISPOSITION ” MEANS DISMISSAL , ENTRY OF A NOLLE 19
PROSEQUI, MARKING OF A CRIMINAL CHARGE “STET” ON THE DOCKET , ENTRY OF A 20
NOT GUILTY VERDICT , PRONOUNCEMENT OF SEN TENCE, OR IMPOSITION OF 21
PROBATION UNDER § 6–220 OF THIS ARTICLE. 22
(F) “FORFEITING AUTHORITY ” MEANS: 23
(1) THE UNIT OR PERSON D ESIGNATED BY AGREEME NT BETWEEN THE 24
STATE’S ATTORNEY FOR A COUNTY AND THE CHIEF EXECUT IVE OFFICER OF THE 25
GOVERNING BODY HAVIN G JURISDICTION OVER ASSETS SUBJECT TO FO RFEITURE 26
TO ACT ON BEHALF OF THE GOVERNING BODY R EGARDING THOSE ASSET S; OR 27
10 HOUSE BILL 1063
(2) IF THE SEIZING AUTHO RITY IS A UNIT OF THE STATE, A UNIT OR 1
PERSON THAT THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE 2
DESIGNATES BY AGREEM ENT WITH A STATE’S ATTORNEY, COUNTY ATTORNEY , OR 3
MUNICIPAL ATTORNEY T O ACT ON BEHALF OF T HE STATE REGARDING ASSET S 4
SUBJECT TO FORFEITUR E BY THE STATE. 5
(G) “GOVERNING BODY ” INCLUDES: 6
(1) THE STATE, IF THE SEIZING AUTHO RITY IS A UNIT OF THE STATE; 7
(2) A COUNTY, IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY; 8
(3) A MUNICIPAL CORPORAT ION, IF THE SEIZING AUTHO RITY IS A 9
UNIT OF A MUNICIPALI TY; AND 10
(4) BALTIMORE CITY, IF THE SEIZING AUTHO RITY IS THE BALTIMORE 11
POLICE DEPARTMENT . 12
(H) “LIEN” INCLUDES A MORTGAGE , A DEED OF TRUST , A PLEDGE, A 13
SECURITY INTEREST , AN ENCUMBRANCE , AND A RIGHT OF SETOF F. 14
(I) “LIENHOLDER” MEANS A PERSON WHO H AS A LIEN OR A SECURED 15
INTEREST ON PROPERTY CREATED BEFORE THE S EIZURE. 16
(J) “LOCAL FINANCIAL AUTHO RITY” MEANS: 17
(1) IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY, THE 18
TREASURER OR DIRECTO R OF FINANCE OF THE COUNTY; OR 19
(2) IF THE SEIZING AUTHO RITY IS A UNIT OF A MUNICIPAL 20
CORPORATION , THE TREASURER OR DIR ECTOR OF FINANCE OF THE MUNICIPAL 21
CORPORATION . 22
(K) (1) “OWNER” MEANS A PERSON HAVIN G A LEGAL, EQUITABLE, OR 23
POSSESSORY INTEREST IN PROPERTY. 24
(2) “OWNER” INCLUDES: 25
(I) A CO–OWNER; 26
(II) A LIFE TENANT; 27
(III) A REMAINDERMAN TO A LIFE TENANCY IN REAL PROPERTY; 28 HOUSE BILL 1063 11
(IV) A HOLDER OF AN INCHO ATE INTEREST IN REAL PROPERTY; 1
AND 2
(V) A BONA FIDE PURCHASE R FOR VALUE. 3
(L) “PROCEEDS” MEANS PROFITS DERIVE D FROM A VIOLATION O F THE 4
CRIMINAL ORGANIZATIONS LAW OR PROPERTY OBTA INED DIRECTLY OR 5
INDIRECTLY FROM THOS E PROFITS. 6
(M) (1) “PROPERTY” INCLUDES: 7
(I) REAL PROPERTY AND AN YTHING GROWING ON OR 8
ATTACHED TO REAL PRO PERTY; 9
(II) MOTOR VEHICLES ; AND 10
(III) MONEY. 11
(2) “PROPERTY” DOES NOT INC LUDE: 12
(I) AN ITEM UNLAWFULLY I N THE POSSESSION OF A PERSON 13
OTHER THAN THE OWNER WHEN USED IN CONNECT ION WITH A VIOLATION OF THE 14
CRIMINAL ORGANIZATIONS LAW; OR 15
(II) A LESSOR’S INTEREST IN PROPER TY SUBJECT TO A BONA 16
FIDE LEASE, UNLESS THE FORFEITIN G AUTHORITY CAN SHOW T HAT THE LESSOR 17
PARTICIPATED IN A VI OLATION OF THE CRIMINAL ORGANIZATIONS LAW OR THAT 18
THE PROPERTY WAS THE PROCEEDS OF A VIOLAT ION OF THE CRIMINAL 19
ORGANIZATIONS LAW. 20
(N) (1) “REAL PROPERTY ” MEANS LAND OR AN IMP ROVEMENT TO LAND . 21
(2) “REAL PROPERTY ” INCLUDES: 22
(I) A LEASEHOLD OR ANY O THER LIMITED INTERES T IN 23
PROPERTY; 24
(II) AN EASEMENT ; AND 25
(III) A REVERSIONARY INTER EST IN A 99–YEAR GROUND LEASE 26
RENEWABLE FOREVER . 27
12 HOUSE BILL 1063
(O) “SEIZING AUTHORITY ” MEANS A LAW ENFORCEM ENT UNIT IN THE 1
STATE THAT IS AUTHORI ZED TO INVESTIGATE V IOLATIONS OF THE CRIMINAL 2
ORGANIZATIONS LAW AND THAT HAS SEI ZED PROPERTY UNDER T HIS SUBTITLE. 3
13–602. 4
THE FOLLOWING ARE SUB JECT TO FORFEITURE : 5
(1) EXCEPT AS PROVIDED IN § 13–603 OF THIS SUBTITLE , A MOTOR 6
VEHICLE USED IN CONN ECTION WITH A VIOLAT ION OF AND CONVICTIO N UNDER § 7
9–804 OF THE CRIMINAL LAW ARTICLE; 8
(2) MONEY USED IN CONNEC TION WITH A VIOLATIO N OF AND 9
CONVICTION UNDER THE CRIMINAL ORGANIZATIONS LAW, FOUND IN CLOSE 10
PROXIMITY TO OR AT T HE SCENE OF THE ARRE ST FOR A VIOLATION O F THE 11
CRIMINAL ORGANIZATIONS LAW; AND 12
(3) EXCEPT AS PROVIDED I N § 13–603 OF THIS SUBTITLE , REAL 13
PROPERTY USED IN CON NECTION WITH A VIOLA TION OF AND CONVICTI ON UNDER § 14
9–804 OF THE CRIMINAL LAW ARTICLE. 15
13–603. 16
(A) PROPERTY OR AN INTERE ST IN PROPERTY DESCR IBED IN § 13–602(1) 17
OR (3) OF THIS SUBTITLE MAY NOT BE FORFEITED IF THE OWNER ESTABLISHE S BY 18
A PREPONDERANCE OF T HE EVIDENCE THAT THE VIOLATION OF THE CRIMINAL 19
ORGANIZATIONS LAW WAS COMMITTED WITHOU T THE OWNER ’S ACTUAL 20
KNOWLEDGE . 21
(B) (1) A MOTOR VEHICLE FOR HI RE IN THE TRANSACTIO N OF BUSINESS 22
AS A COMMON CARRIER OR A MOTOR VEHICLE F OR HIRE MAY NOT BE S EIZED OR 23
FORFEITED UNDER THIS SUBTITLE UNLESS IT A PPEARS THAT THE OWNE R OR OTHER 24
PERSON IN CHARGE OF THE MOTOR VEHICLE WA S A CONSENTING PARTY OR PRIVY 25
TO A VIOLATION OF THE CRIMINAL ORGANIZATIONS LAW. 26
(2) A MOTOR VEHICLE MAY NO T BE FORFEITED UNDER THIS 27
SUBTITLE FOR AN ACT OR OMISSION THAT THE OWNER SHOWS WAS COMM ITTED OR 28
OMITTED BY A PERSON OTHER THAN THE OWNER WHILE THE PERSON OTH ER THAN 29
THE OWNER POSSESSED THE MOTOR VEHICLE IN CRIMINAL VIOLATION O F FEDERAL 30
LAW OR THE LAW OF AN Y STATE. 31
(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION, REAL PROPERTY USED 32
AS THE PRINCIPAL FA MILY RESIDENCE MAY N OT BE FORFEITED UNDE R THIS 33 HOUSE BILL 1063 13
SUBTITLE UNLESS ONE OF THE OWNERS OF THE REAL PROPERTY WAS CO NVICTED 1
OF A VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE OR OF AN ATTE MPT OR 2
CONSPIRACY TO VIOLAT E § 9–804 OF THE CRIMINAL LAW ARTICLE. 3
(D) REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE BY 4
SPOUSES AND HELD BY THE SPOUSES AS TENAN TS BY THE ENTIRETY M AY NOT BE 5
FORFEITED UNLESS : 6
(1) THE PROPERTY WAS USE D IN CONNECTION WITH A VIOLATION OF 7
§ 9–804 OF THE CRIMINAL LAW ARTICLE OR WITH AN AT TEMPT OR A CONSPIRAC Y 8
TO VIOLATE § 9–804 OF THE CRIMINAL LAW ARTICLE; AND 9
(2) BOTH SPOUSES ARE CON VICTED OF A VIOLATIO N OF § 9–804 OF 10
THE CRIMINAL LAW ARTICLE OR OF AN ATTE MPT OR CONSPIRACY TO VIOLATE § 11
9–804 OF THE CRIMINAL LAW ARTICLE. 12
13–604. 13
PERSONAL PROPERTY SUBJE CT TO FORFEITURE UND ER THIS SUBTITLE MAY 14
BE SEIZED: 15
(1) ON A WARRANT ISSUED BY A COURT THAT HAS JURISDICTION 16
OVER THE PROPERTY ; AND 17
(2) WITHOUT A WARRANT WH EN: 18
(I) THE SEIZURE IS INCID ENT TO AN ARREST OR A SEARCH 19
UNDER A SEARC H WARRANT; 20
(II) THE SEIZURE IS INCID ENT TO AN INSPECTION UNDER AN 21
ADMINISTRATIVE INSPE CTION WARRANT ; 22
(III) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE 23
SUBJECT OF A PRIOR J UDGMENT IN FAVOR OF THE STATE IN A CRIMINAL 24
INJUNCTION OR FORFEI TURE PROCEED ING UNDER THIS SUBTI TLE; OR 25
(IV) THERE IS PROBABLE CA USE TO BELIEVE THAT THE 26
PROPERTY IS DIRECTLY OR INDIRECTLY DANGER OUS TO HEALTH OR SAF ETY. 27
13–605. 28
(A) A SEIZING AUTHORITY TH AT SEIZES MONEY UNDE R THIS SUBTITLE 29
IMMEDIATELY SHALL : 30 14 HOUSE BILL 1063
(1) PHOTOGRAPH THE MONEY AND RECORD THE QUANTITY OF EACH 1
DENOMINATION OF COIN OR CURRENCY SEIZED ; AND 2
(2) DEPOSIT THE MONEY TO THE ACCOUNT OF THE A PPROPRIATE 3
LOCAL FINANCIAL AUTH ORITY. 4
(B) A PHOTOGRAPH TAKEN UND ER SUBSECTION (A) OF THIS SECTION MAY 5
BE SUBSTITUTED F OR MONEY AS EVIDENCE IN A CRIMINAL OR FOR FEITURE 6
PROCEEDING . 7
13–606. 8
(A) PROPERTY SEIZED UNDER THIS SUBTITLE: 9
(1) IS NOT REPLEVIABLE ; BUT 10
(2) IS IN THE CUSTODY OF THE SEIZING AUTHORIT Y, SUBJECT ONLY 11
TO THE ORDERS , JUDGMENTS , AND DECREES OF THE C OURT OR THE OFFICIAL 12
HAVING JURISDICTION OVER THE PROPERTY . 13
(B) A SEIZING AUTHORITY MA Y PLACE SEIZED PROPE RTY UNDER SEAL AND 14
REMOVE THE PROPERTY TO A PLACE DESIGNATE D BY THE COURT . 15
13–607. 16
(A) A SEIZING AUTHORITY MA Y SEIZE A MOTOR VEHI CLE USED IN 17
VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE AND RECOMMEND 18
FORFEITURE TO THE FO RFEITING AUTHORITY I F THE TOTAL CIRCUMST ANCES OF 19
THE CASE AS LISTED I N SUBSECTION (B) OF THIS SECTION DICT ATE THAT SEIZURE 20
AND FORFEITURE ARE J USTIFIED. 21
(B) CIRCUMSTANCES TO BE CONSIDERED IN DECIDI NG WHETHER SEIZURE 22
AND FORFEITURE ARE J USTIFIED INCLUDE : 23
(1) EVIDENCE THAT THE MO TOR VEHICLE WAS ACQU IRED BY USE OF 24
PROCEEDS FROM A TRAN SACTION INVOLVING A VIOLATION OF § 9–804 OF THE 25
CRIMINAL LAW ARTICLE; 26
(2) THE CIRCUMSTANCES OF THE ARREST; AND 27
(3) THE WAY IN WHICH THE MOTOR VEHICLE WAS US ED. 28
HOUSE BILL 1063 15
13–608. 1
(A) THE CHIEF LAW ENFORCE MENT OFFICER OF THE SEIZING AUTHORITY 2
THAT SEIZES A MOTOR VEHICLE USED IN VIOL ATION OF § 9–804 OF THE CRIMINAL 3
LAW ARTICLE MAY RECOMMEND TO THE APPROPRIATE FORFEITI NG AUTHORITY IN 4
WRITING THAT THE MOT OR VEHICLE BE FORFEI TED ONLY IF THE OFFI CER: 5
(1) DETERMINES FROM THE RECORDS OF THE MOTOR VEHICLE 6
ADMINISTRATION THE NA MES AND ADDRESSES OF ALL REGISTERED OWNER S AND 7
SECURED PARTIES AS D EFINED IN STATE LAW; 8
(2) PERSONALLY REVIEWS T HE FACTS AND CIRCUMS TANCES OF THE 9
SEIZURE; AND 10
(3) PERSONALLY DETERMINE S, ACCORDING TO THE STA NDARDS 11
LISTED IN § 13–607 OF THIS SUBTITLE , AND REPRESENTS IN WR ITING THAT 12
FORFEITURE IS WARRAN TED. 13
(B) A SWORN AFFIDAVI T BY THE CHIEF LAW E NFORCEMENT OFFICER T HAT 14
THE OFFICER FOLLOWED THE REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION 15
IS ADMISSIBLE IN EVI DENCE IN A PROCEEDIN G UNDER THIS SUBTITL E. 16
13–609. 17
(A) THE FORFEITING AUTHOR ITY SHALL SURRENDER THE MOTOR VEHICLE 18
ON REQUEST TO THE OWNER IF THE FORFEITING AU THORITY DETERMINES , 19
INDEPENDENT OF THE D ECISION OF THE SEIZI NG AUTHORITY , THAT THE TOTAL 20
CIRCUMSTANCES OF THE CASE AS LISTED UNDER § 13–607(B) OF THIS SUBTITLE DO 21
NOT JUSTIFY FORFEITU RE. 22
(B) IN A PROCEEDING UNDER THIS SUBTITLE, THE COURT MAY DETERM INE, 23
BASED ON THE CIRCUMS TANCES LISTED IN § 13–607(B) OF THIS SUBTITLE , 24
WHETHER THE SEIZING AUTHORITY OR FORFEIT ING AUTHORITY ABUSED ITS 25
DISCRETION OR WAS CL EARLY ERRONEOUS : 26
(1) IN RECOMMENDING THE FORFEITURE OF A MOTO R VEHICLE; OR 27
(2) IN NOT SURRENDERING ON REQUEST A MOTOR V EHICLE TO AN 28
OWNER. 29
13–610. 30
16 HOUSE BILL 1063
(A) (1) EXCEPT AS PROVIDED IN §§ 13–612 AND 13–613 OF THIS 1
SUBTITLE, AN OWNER OF SEIZED P ROPERTY WHO WISHES T O OBTAIN POSSESSION 2
OF THE PROPERTY , TO CONVEY AN INTEREST IN REAL PRO PERTY, OR TO REMOVE A 3
BUILDING OR FIXTURE FROM REAL PROPERTY S HALL NOTIFY THE CLER K OF THE 4
PROPER COURT . 5
(2) IF FORFEITURE PROCEED INGS HAVE BEGUN , THE PROPER COURT 6
IS THE COURT WHERE T HE PROCEEDINGS HAVE BEGUN. 7
(3) IF CRIMINAL PRO CEEDINGS HAVE BEGUN BUT FORFEITURE 8
PROCEEDINGS HAVE NOT BEGUN, THE PROPER COURT IS THE COURT WHERE THE 9
CRIMINAL PROCEEDINGS HAVE BEGUN. 10
(4) IF BOTH FORFEITURE PR OCEEDINGS AND CRIMIN AL 11
PROCEEDINGS HAVE NOT BEGUN, THE PROPER COURT IS THE CIRCUIT COURT FO R 12
THE COUNTY WHERE THE PROPERTY WAS SEIZED . 13
(B) (1) UNLESS THE FORFEITING AUTHORITY AND THE OW NER AGREE TO 14
A BOND IN ANOTHER AM OUNT, IF A MOTOR VEHICLE I S NOT NEEDED FOR 15
EVIDENTIARY PURPOSES IN A JUDICIAL PROCEE DING: 16
(I) THE COURT SHALL APPR AISE THE VALUE OF THE MOTOR 17
VEHICLE ON THE BASIS OF THE AVERAGE VALUE OF THE MOTOR VEHICLE SET 18
FORTH IN THE NATIONAL AUTOMOBILE DEALERS ASSOCIATION OFFICIAL USED 19
CAR GUIDE; OR 20
(II) IF THE OWNER SHOWS T HAT A LIEN IS ON THE MOTOR 21
VEHICLE AND THE OWNE R AGREES TO MA KE THE REQUIRED PAYM ENTS TO THE 22
LIENHOLDER , THE COURT SHALL REQU IRE A BOND IN AN AMO UNT OF THE AVERAGE 23
VALUE OF THE MOTOR V EHICLE SET FORTH IN THE NATIONAL AUTOMOBILE 24
DEALERS ASSOCIATION OFFICIAL USED CAR GUIDE , LESS THE AMOUNT OWED ON 25
THE LIEN. 26
(2) FOR A MOTOR VEHICLE , THE COURT SHALL APPR AISE THE VALUE 27
IN THE MANNER PROVID ED IN THIS SUBSECTIO N AND PROVIDE THE AP PRAISAL IN 28
WRITING TO THE CLERK OF THE COURT. 29
(C) (1) IF PROPERTY OTHER THA N A MOTOR VEHICLE IS NOT NEEDED 30
FOR EVIDENTIARY PURP OSES IN A JUDI CIAL PROCEEDING , THE CLERK SHALL 31
OBTAIN AN INDEPENDEN T APPRAISAL OF THE V ALUE OF THE PROPERTY . 32
(2) THE SHERIFF OR OTHER PERSON RESPONSIBLE F OR AN 33
APPRAISAL UNDER THIS SUBSECTION SHALL PRO MPTLY: 34 HOUSE BILL 1063 17
(I) INSPECT AND APPRAISE THE VALUE OF THE PRO PERTY; AND 1
(II) RETURN THE APPRAISAL IN WRITING UNDER OAT H TO THE 2
CLERK OF THE COURT . 3
(D) NOTICE OF THE APPRAIS AL SHALL BE SENT TO ALL LIENHOLDERS 4
SHOWN IN THE RECORDS REQUIRED BY LAW FOR NOTICE OR THE PERFEC TION OF 5
THE LIEN. 6
(E) (1) ON THE FILING OF AN APPRAISAL, THE OWNER MAY GIVE B OND 7
PAYABLE TO THE CLERK OF THE COURT IN AN A MOUNT EQUAL TO THE G REATER OF: 8
(I) THE APPRAISED VALUE OF THE PROPERTY PLUS ANY 9
ACCRUED COSTS ; OR 10
(II) THE AGGREGATE AMOUNT OF THE LIENS ON THE PROPERTY 11
THAT ARE SHOWN IN T HE RECORDS REQUIRED BY LAW FOR THE NOTIC E OR 12
PERFECTION OF LIENS . 13
(2) A PERSON MAY GIVE A BO ND UNDER THIS SUBSEC TION BY CASH, 14
THROUGH A SURETY , THROUGH A LIEN ON RE AL PROPERTY , OR BY OTHER MEANS 15
THAT THE CLERK APPRO VES. 16
(3) A BOND AUTHORIZED UNDE R THIS SUBSECTION SHALL BE: 17
(I) CONDITIONED FOR PERF ORMANCE ON FINAL JUD GMENT BY 18
THE COURT; 19
(II) FILED IN THE DISTRICT COURT OR CIRCUIT COUR T WHERE 20
THE CRIMINAL ACTION THAT GAVE RISE TO TH E SEIZURE IS PENDING ; AND 21
(III) UNLESS A COMPLAINT F OR FORFEITURE HAS BEEN FILED , 22
PART OF THE SAME CRI MINAL PROCEEDING . 23
(4) IF A CRIMINAL ACTION IS NOT PENDING OR A FORFEITURE 24
COMPLAINT HAS NOT BE EN FILED, THE BOND SHALL BE FI LED IN THE CIRCUIT 25
COURT OR DISTRICT COURT WHERE THE PROPE RTY WAS SEIZED. 26
(F) (1) IF THE COURT ORDERS THA T PROPERTY OR AN INT EREST OR 27
EQUITY IN THE PROPER TY OR PROCEEDS BE FO RFEITED UNDER THIS S UBTITLE, THE 28
COURT SHALL ENTER JU DGMENT IN THE AMOUNT OF THE BOND AGAINST THE 29
OBLIGORS ON THE BOND WITHOUT FURTHER PROC EEDINGS. 30 18 HOUSE BILL 1063
(2) PAYMENT OF T HE AMOUNT OF THE BON D SHALL BE APPLIED A S 1
PROVIDED UNDER § 13–628(C)(3) OF THIS SUBTITLE. 2
13–611. 3
SEIZURE OF REAL PROPE RTY OCCURS ON THE EA RLIER OF THE FILING OF: 4
(1) A COMPLAINT FOR FORF EITURE UNDER THIS SU BTITLE; OR 5
(2) A NOTICE OF PENDING LITIGATION IN THE CI RCUIT COURT OF THE 6
COUNTY WHERE THE REA L PROPERTY IS LOCATE D. 7
13–612. 8
(A) SUBJECT TO THE RIGHTS OF A LIENHOLDER TO S ELL THE REAL 9
PROPERTY, AN OWNER OR AN OWNER ’S TENANT MAY REMAIN IN POSSESSION OF 10
SEIZED REAL PROPERTY UNTIL FORFEITUR E IS ORDERED. 11
(B) THE FORFEITING AUTHOR ITY MAY APPLY TO THE COURT FOR THE 12
APPOINTMENT OF A REC EIVER TO APPLY INCOM E FROM INCOME –PRODUCING 13
PROPERTY. 14
(C) IF A PERSON WHO IS AN OWNER OR AN OWNER ’S TENANT REMAINS IN 15
POSSESSION OF THE RE AL PROPERTY AND THE PERSON’S INTEREST IN THE RE AL 16
PROPERTY IS FORFEITE D, THE PERSON IMMEDIATE LY SHALL SURRENDER T HE REAL 17
PROPERTY TO THE SEIZ ING AUTHORITY IN SUB STANTIALLY THE SAME CONDITION 18
AS WHEN SEIZED . 19
13–613. 20
(A) THIS SECTION DOES NOT APPLY IF: 21
(1) AN ACT IS AGREE D TO BY A FORFEITING AUTHORITY OR IS 22
ORDERED BY THE COURT ; OR 23
(2) AN OWNER POSTS A BON D UNDER § 13–610 OF THIS SUBTITLE. 24
(B) UNTIL THE COURT ENTER S JUDGMENT IN FAVOR OF THE OWNER , AN 25
OWNER MAY NOT ATTEMP T TO: 26
(1) CONVEY OR ENCUMBER A N INTEREST IN SEIZED REAL PROPERTY ; 27
OR 28 HOUSE BILL 1063 19
(2) REMOVE A BUILDING OR FIXTURE ON SEIZED RE AL PROPERTY. 1
13–614. 2
EXCEPT AS PROVIDED IN § 13–617(C) OF THIS SUBTITLE , IF PROPERTY IS 3
SEIZED UNDER § 13–604(2)(IV) OF THIS SUBTITLE BEC AUSE THERE IS PROBAB LE 4
CAUSE TO BELIEVE THA T THE PROPERTY IS DI RECTLY OR INDIRECTLY DANGEROUS 5
TO HEALTH OR SAFETY AND THAT THE PROPERT Y WAS OR WILL BE USED TO V IOLATE 6
§ 9–804 OF THE CRIMINAL LAW ARTICLE, FORFEITURE PROCEEDIN GS UNDER THIS 7
SUBTITLE SHALL BE FI LED PROMPTLY . 8
13–615. 9
EXCEPT AS PROVIDED IN § 13–616 OF THIS SUBTITLE , THE APPROPRIATE 10
FORFEITING AUTHORITY SHALL FILE PROCEEDIN GS UNDER THIS SUBTITLE IN T HE 11
CIRCUIT COURT . 12
13–616. 13
(A) TO APPLY FOR THE FORF EITURE OF MONEY , THE APPROPRIATE LOCA L 14
FINANCIAL AUTHORITY OR THE ATTORNEY GENERAL SHALL FILE A COMPLAINT AND 15
AFFIDAVIT IN THE DISTRICT COURT OR THE CIRCUIT COURT FOR THE COUNTY IN 16
WHICH THE MONEY WAS S EIZED. 17
(B) THE COMPLAINT AND AFF IDAVIT SHALL BE SERV ED IN ACCORDANCE 18
WITH THE MARYLAND RULES. 19
13–617. 20
(A) EXCEPT AS PROVIDED UN DER SUBSECTIONS (B) AND (C) OF THIS 21
SECTION, A COMPLAINT SEEKING FORFEITURE SHALL BE FILED WITHIN THE 22
EARLIER OF: 23
(1) 90 DAYS AFTER THE SEIZU RE; OR 24
(2) 1 YEAR AFTER THE FINAL DISPOSITION OF THE C RIMINAL CHARGE 25
FOR THE VIOLATION GI VING RISE TO THE FOR FEITURE. 26
(B) A COMPLAINT FOR THE FO RFEITURE OF A MOTOR VEHICLE SHALL BE 27
FILED WITHIN 45 DAYS AFTER THE MOTOR VEHICLE IS SEI ZED. 28
20 HOUSE BILL 1063
(C) (1) A PROCEEDING ABOUT MON EY SHALL BE FILED WI THIN 90 DAYS 1
AFTER THE FINAL DISP OSITION OF CRIMINAL PROCEEDINGS THAT ARI SE OUT OF 2
THE CRIMINAL ORGANIZATIONS LAW . 3
(2) IF THE STATE OR A POLITICAL SUBDIVISION DOES NOT FILE 4
PROCEEDINGS ABOUT MONE Y WITHIN THE 90–DAY PERIOD, THE MONEY SEIZED 5
UNDER THIS SUBTITLE SHALL BE RETURNED TO THE OWNER ON REQUEST BY THE 6
OWNER. 7
(3) IF THE OWNER FAILS TO ASK FOR THE RETURN O F THE MONEY 8
WITHIN 1 YEAR AFTER THE FINAL DISPOSITION OF CRIMI NAL PROCEEDINGS , THE 9
MONEY SHALL REVERT T O: 10
(I) THE POLITICAL SUBDIV ISION IN WHICH THE M ONEY WAS 11
SEIZED; OR 12
(II) THE STATE, IF THE MONEY WAS SEI ZED BY STATE 13
AUTHORITIES. 14
13–618. 15
(A) A COMPLAINT SEEKING FO RFEITURE SHALL CONTA IN: 16
(1) A DESCRIPTION OF THE PROPERTY SEIZ ED; 17
(2) THE DATE AND PLACE O F THE SEIZURE; 18
(3) THE NAME OF THE OWNE R, IF KNOWN; 19
(4) THE NAME OF THE PERS ON IN POSSESSION , IF KNOWN; 20
(5) THE NAME OF EACH LIE NHOLDER, IF KNOWN OR REASONAB LY 21
SUBJECT TO DISCOVERY ; 22
(6) AN ALLEGATION THAT THE PROPERTY IS SUBJECT TO 23
FORFEITURE; 24
(7) IF THE FORFEITING AU THORITY SEEKS TO FOR FEIT A 25
LIENHOLDER ’S INTEREST IN PROPER TY, AN ALLEGATION THAT T HE LIEN WAS 26
CREATED WITH ACTUAL KNOWLEDGE THAT THE P ROPERTY WAS BEING OR WAS TO 27
BE USED IN VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE; 28
HOUSE BILL 1063 21
(8) A STATEMENT OF THE F ACTS AND CIRCUMSTANC ES 1
SURROUNDING THE SEIZ URE; 2
(9) A STATEMENT SETTING FORTH THE SPECIFIC G ROUNDS FOR 3
FORFEITURE; AND 4
(10) AN OATH OR AFFIRMATI ON BY THE FORFEITING AUTHORITY THAT 5
THE CONTENTS OF THE COMPLAINT ARE TRUE T O THE BEST OF THE FO RFEITING 6
AUTHORITY’S KNOWLEDGE , INFORMATION , AND BELIEF. 7
(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , COPIES OF THE 8
SUMMONS AND COMPLAIN T SHALL BE SENT BY C ERTIFIED MAIL REQUES TING 9
“RESTRICTED DELIVERY – SHOW TO WHOM , DATE, ADDRESS OF DELIVERY ” AND 10
FIRST–CLASS MAIL TO ALL KN OWN OWNERS AND LIENH OLDERS WHOSE IDENTIT IES 11
ARE REASONABLY SUBJE CT TO DISCOVERY , INCLUDING ALL REAL P ROPERTY 12
OWNERS AND LIENHOLDE RS SHOWN IN THE RECO RDS REQUIRE D BY LAW FOR 13
NOTICE OR PERFECTION OF THE LIEN. 14
13–619. 15
(A) A NOTICE SHALL BE SIGN ED BY THE CLERK OF T HE COURT AND SHALL : 16
(1) INCLUDE THE CAPTION OF THE CASE; 17
(2) DESCRIBE THE SUBSTAN CE OF THE COMPLAINT AND THE RELIEF 18
SOUGHT; 19
(3) STATE THE LATES T DATE ON WHICH A RE SPONSE MAY BE FILED ; 20
(4) STATE THAT THE PROPE RTY SHALL BE FORFEIT ED IF A RESPONSE 21
IS NOT FILED ON TIME ; 22
(5) STATE THAT THE OWNER OF THE PROPERTY MAY HAVE 23
POSSESSION OF THE PR OPERTY PENDING FORFE ITURE BY POSTING A B OND AS 24
PROVIDED IN § 13–610 OF THIS SUBTITLE; AND 25
(6) TELL WHERE TO FILE A RESPONSE AND WHOM TO CONTACT FOR 26
MORE INFORMATION CON CERNING THE FORFEITU RE. 27
(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , THE NOTICE 28
SHALL BE: 29
22 HOUSE BILL 1063
(1) POSTED BY THE SHERIF F ON THE DOOR OF THE COURTHOUSE 1
WHERE THE ACTION IS PENDING OR ON A BULL ETIN BOARD WITHIN TH E IMMEDIATE 2
VICINITY OF THE DOOR ; 3
(2) POSTED BY THE SHERIF F IN A CONSPICUOUS P LACE ON THE LAND , 4
IF FORFEITURE OF REA L PROPERTY IS SOUGHT ; AND 5
(3) PUBLISHED AT LEAST O NCE A WEEK IN EACH OF 3 SUCCESSIVE 6
WEEKS IN A NEWSPAPER OF GENERAL CIRCULATI ON PUBLISHED IN THE COUNTY IN 7
WHICH THE ACTION IS PENDING, UNLESS THE PROPERTY IS A BOAT OR MOTOR 8
VEHICLE. 9
13–620. 10
THE ANSWER TO A COMPL AINT SHALL: 11
(1) COMPLY WITH THE MARYLAND RULES; 12
(2) STATE THE NATURE AND EXTENT OF THE PERSON ’S RIGHT IN, 13
TITLE TO, OR INTEREST IN THE P ROPERTY; 14
(3) STATE HOW AND WHEN T HE PERSON ACQUIRED A RIGHT IN, TITLE 15
TO, OR INTEREST IN THE P ROPERTY; AND 16
(4) CONTAIN A REQUEST FO R RELIEF AND A REQUE ST FOR A PROMPT 17
HEARING. 18
13–621. 19
(A) IF AN ANSWER HAS BEEN FILED ON TIME , THE COURT SHALL SET A 20
HEARING ON THE FORFE ITURE CLAIM WITHIN 60 DAYS AFTER THE LATER OF: 21
(1) POSTING OF NOTICE UN DER § 13–619(B)(1) OR (2) OF THIS 22
SUBTITLE; OR 23
(2) FINAL PUBLIC ATION OF NOTICE UNDE R § 13–619(B)(3) OF THIS 24
SUBTITLE. 25
(B) WITHOUT A HEARING , THE COURT MAY ORDER FORFEITURE OF THE 26
PROPERTY INTEREST OF A PERSON WHO FAILS T O TIMELY FILE AN ANS WER. 27
13–622. 28
HOUSE BILL 1063 23
EXCEPT AS PROVIDED IN §§ 13–603 AND 13–624 OF THIS SUBTITLE , AN 1
OWNER’S INTEREST IN REAL P ROPERTY MAY BE FORFE ITED IF THE OWNER OF THE 2
REAL PROPERTY IS CON VICTED OF VIOLATING § 9–804 OF THE CRIMINAL LAW 3
ARTICLE OR ATTEMPTING OR CONSPIRING TO VIO LATE § 9–804 OF THE CRIMINAL 4
LAW ARTICLE. 5
13–623. 6
(A) FORFEITURE PROCEEDINGS FOR REAL PROPERTY MAY BE BROU GHT IN 7
THE JURISDICTION WHE RE: 8
(1) THE CRIMINAL CHARGES ARE PENDING; 9
(2) THE OWNER RESIDES ; OR 10
(3) THE REAL PROPERTY IS LOCATED. 11
(B) (1) IF FORFEITURE PROCEED INGS FOR REAL PROPER TY ARE 12
BROUGHT IN A JURISDICTION OTHER T HAN WHERE THE REAL P ROPERTY IS 13
LOCATED, A NOTICE OF PENDING LITIGATION SHALL BE FILED IN THE JURISDI CTION 14
WHERE THE PROPERTY I S LOCATED. 15
(2) A NOTICE OF PENDING LI TIGATION REQUIRED UN DER THIS 16
SUBSECTION SHALL INC LUDE AT LEAST: 17
(I) THE NAME AND ADDRESS OF THE OWNER OF THE REAL 18
PROPERTY; 19
(II) A DESCRIPTION OF THE REAL PROPERTY ; AND 20
(III) A DESCRIPTION OF THE REASONS FOR THE FILI NG OF THE 21
FORFEITURE PROCEEDIN GS AND NOTICE OF PEN DING LITIGATION. 22
13–624. 23
IF AN OWNER OF REAL PROPERTY USED AS THE PRINCIPAL FAMILY 24
RESIDENCE IS CONVICT ED UNDER § 9–804 OF THE CRIMINAL LAW ARTICLE OR IS 25
CONVICTED OF AN ATTE MPT OR CONSPIRACY TO VIOLATE § 9–804 OF THE CRIMINAL 26
LAW ARTICLE AND THE OWNER FILES AN APPEAL OF T HE CONVICTION , THE COURT 27
SHALL STAY FORFEITURE P ROCEEDINGS UNDER § 13–603 OF THIS SUBTITLE 28
AGAINST THE REAL PRO PERTY DURING THE PEN DENCY OF THE APPEAL . 29
13–625. 30 24 HOUSE BILL 1063
(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 1
THERE IS A REBUTTABL E PRESUMPTION THAT P ROPERTY OR PART OF A PROPERTY 2
IN WHICH A PERSON HA S AN OWNERSHIP INTER EST IS SUBJECT TO FO RFEITURE AS 3
PROCEEDS, IF THE STATE ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE 4
THAT: 5
(I) THE PERSON WAS CONVI CTED OF VIOLATING § 9–804 OF 6
THE CRIMINAL LAW ARTICLE OR ATTEMPTING OR CONSPIRING TO VIOLAT E § 9–804 7
OF THE CRIMINAL LAW ARTICLE; 8
(II) THE PROPERTY WAS ACQ UIRED BY THE PERSON DURING 9
THE VIOLATION OR WIT HIN A REASONABLE TIM E AFTER THE VIOLATIO N; AND 10
(III) THERE WAS NO OTHER L IKELY SOURCE FOR THE PROPERTY. 11
(2) A CLAIMANT OF THE PROPERTY HAS THE BURDEN OF PR OOF TO 12
REBUT THE PRESUMPTIO N IN PARAGRAPH (1) OF THIS SUBSECTION . 13
(B) REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE MAY NOT 14
BE FORFEITED UNDER T HIS SECTION UNLESS : 15
(1) AN OWNER OF THE REAL PROPERTY WAS C ONVICTED OF A CRIME 16
DESCRIBED UNDER SUBS ECTION (A)(1)(I) OF THIS SECTION; OR 17
(2) § 13–603(D) OF THIS SUBTITLE APP LIES. 18
13–626. 19
(A) THE COURT MAY ORDER T HE FORFEITURE OF OTH ER PROPERTY OF THE 20
OWNER UP TO THE VALU E OF ANY PROPERTY SE IZED UNDER THIS SUB TITLE, WITH 21
THE EXCEPTION OF REA L PROPERTY, IF AS A RESULT OF AN ACT OR OMISSION OF 22
THE OWNER THE PROPER TY TO BE FORFEITED : 23
(1) CANNOT BE LOCATED AF TER THE EXERCISE OF DUE DILIGENCE ; 24
(2) HAS BEEN TRANSFERRED TO, SOLD TO, OR DEPOSITED WITH A 25
THIRD PARTY; 26
(3) HAS BEEN PLACED BEYO ND THE JURISDICTION OF THE COURT; 27
(4) HAS BEEN SUBSTANTIAL LY DIMINISHED IN VAL UE; OR 28
HOUSE BILL 1063 25
(5) HAS BEEN COMMINGLED WITH OTHER PROPERTY AND CANNOT BE 1
DIVIDED WITHOUT DIFF ICULTY. 2
(B) THE COURT MAY ORDER T HE OWNER TO RETURN PROPERTY TO THE 3
JURISDICTION OF THE COURT. 4
13–627. 5
IN A PROCEEDING UNDER THIS SUBTITLE, A COURT MAY: 6
(1) GRANT REQUESTS FOR M ITIGATION OR REMISSI ON OF 7
FORFEITURE OR TAKE O THER ACTION THAT PRO TECTS THE RIGHTS OF INNOCENT 8
PERSONS, IS CONSISTENT WITH T HIS SUBTITLE, AND IS IN THE INTERE ST OF 9
JUSTICE; 10
(2) RESOLVE CLAIMS ARISI NG UNDER THIS SUBTIT LE; AND 11
(3) TAKE APPROPRIATE MEA SURES TO SAFEGUARD A ND MAINTAIN 12
PROPERTY FORFEITED U NDER THIS SUBTITLE P ENDING THE DISPOSITI ON OF THE 13
PROPERTY. 14
13–628. 15
(A) AFTER A FULL HEARING , IF THE COURT DETERMI NES THAT THE 16
PROPERTY SHOULD NOT BE FORFEITED , THE COURT SHALL ORDE R THAT THE 17
PROPERTY BE RELEASED . 18
(B) SUBJECT TO § 13–629 OF THIS SUBTITLE , IF THE COURT DETERMI NES 19
THAT THE PROPERTY SH OULD BE FORFEITED , THE COURT SHALL ORDER THAT THE 20
PROPERTY BE FORFEITE D TO THE APPROPRIATE GOVERNING BODY . 21
(C) (1) IF THE COURT DETERMIN ES THAT THE FORFEITE D PROPERTY IS 22
SUBJECT TO A VALID L IEN CREATED WITHOUT ACTUAL KNOWLEDGE OF THE 23
LIENHOLDER THAT THE PROPERTY WAS BEING O R WAS TO BE USED IN VIOLAT ION 24
OF § 9–804 OF THE CRIMINAL LAW ARTICLE, THE COURT SHALL ORDE R THAT THE 25
PROPERTY BE RELEASED WITHIN 5 DAYS TO THE FIRST PR IORITY LIENHOLDER . 26
(2) THE LIENHOLDER SHALL SELL THE PROPERTY IN A 27
COMMERCIALLY REASONA BLE MANNER . 28
(3) THE PROCEEDS OF THE S ALE SHALL BE APPLIED AS FOLLOWS: 29
(I) TO THE COURT COSTS O F THE FORFEITURE PRO CEEDING; 30 26 HOUSE BILL 1063
(II) TO THE BALANCE DUE T HE LIENHOLDER , INCLUDING ALL 1
REASONABLE COSTS INC IDENT TO THE SALE ; 2
(III) TO PAYMENT OF ALL OT HER EXPENSES OF THE 3
PROCEEDINGS FOR FORF EITURE, INCLUDING EXPENSES O F SEIZURE OR 4
MAINTENANCE OF CUSTO DY; AND 5
(IV) TO THE GENERAL FUND OF THE STATE OR OF THE 6
POLITICAL SUBDIVISIO N THAT SEIZED THE PR OPERTY. 7
13–629. 8
IF PROPERTY IS FORFEI TED UNDER THIS SUBTI TLE, THE GOVERNING BODY 9
WHERE THE PROPERTY W AS SEIZED MAY: 10
(1) KEEP THE PROPERTY FO R OFFICIAL USE; 11
(2) REQUIRE AN APPROPRIA TE UNIT TO TAKE CUST ODY OF THE 12
PROPERTY AND DESTROY OR OTHERWISE DISPOSE OF IT; OR 13
(3) SELL THE PROPERTY IF : 14
(I) THE LAW DOES NOT R EQUIRE THE PROPERTY TO BE 15
DESTROYED; AND 16
(II) THE PROPERTY IS NOT HARMFUL TO THE PUBLI C. 17
13–630. 18
(A) THE PROCEEDS FROM A S ALE OR THE RETENTION OF PROPERTY 19
DECLARED TO BE FORFE ITED AND ANY INTERES T ACCRUED SHALL BE A PPLIED 20
FIRST TO THE PROPER EXPENSES OF THE PROCEEDING FOR FORFEITURE AND 21
RESULTING SALE , INCLUDING THE EXPENS E OF SEIZING AND MAI NTAINING 22
CUSTODY OF THE PROPE RTY AND ADVERTISING . 23
(B) ANY BALANCE REMAINING AFTER THE DISTRIBUTI ON REQUIRED UNDER 24
SUBSECTION (A) OF THIS SECTION SHAL L BE DISTRIBUTED TO THE GENERAL FUND 25
OF THE STATE OR OF THE POLIT ICAL SUBDIVISION THA T SEIZED THE PROPERT Y. 26
13–631. 27
HOUSE BILL 1063 27
A SALE OF PROPERTY ORD ERED UNDER THIS SUBT ITLE SHALL BE MADE F OR 1
CASH AND GIVES THE P URCHASER CLEAR AND A BSOLUTE TITLE. 2
13–632. 3
(A) BEFORE EXERCISING THE RIGHT TO SELL PROPERTY THA T HAS BEEN 4
SEIZED UNDER THIS SU BTITLE, A LIENHOLDER SHALL G IVE TO THE FORFEITIN G 5
AUTHORITY: 6
(1) WRITTEN NOTICE OF TH E INTENTION TO SELL ; 7
(2) COPIES OF DOCUMENTS GIVING RISE TO THE L IEN; AND 8
(3) AN AFFIDAVIT UNDER OATH BY THE LI ENHOLDER STATING : 9
(I) THAT THE UNDERLYING OBLIGATION IS IN DEF AULT; AND 10
(II) THE REASONS FOR THE DEFAULT. 11
(B) ON REQUEST OF THE LIE NHOLDER, THE FORFEITING AUTHO RITY SHALL 12
RELEASE THE PROPERTY TO THE LIENHOLDER . 13
13–633. 14
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE LAW 15
GOVERNING THE SALE O F COLLATERAL SECURIN G AN OBLIGATION IN D EFAULT 16
GOVERNS A LIENHOLDER ’S REPOSSESSION AND S ALE OF PROPERTY THAT HAS BEEN 17
SEIZED UNDER THIS SU BTITLE. 18
(B) A LIENHOLDER MAY NOT BE REQUIRED TO TAKE POSSESSION OF THE 19
PROPERTY BEFORE THE SALE OF THE PROPERTY . 20
13–634. 21
(A) ANY PART OF THE PROCE EDS FROM A SALE OF P ROPERTY THAT HAS 22
BEEN SEIZED UNDER TH IS SUBTITLE THAT WOU LD BE PAID TO AN OWN ER OF THE 23
PROPERTY UNDER THE A PPLICABLE LAW RELATING TO DISTRIBU TION OF 24
PROCEEDS SHALL BE : 25
(1) PAID TO THE SEIZING AUTHORITY; AND 26
(2) PROPERTY SUBJECT TO FORFEITURE. 27
28 HOUSE BILL 1063
(B) IF AN ORDER OF FORFEI TURE IS NOT ENTERED , THE STATE SHALL 1
RETURN TO THE OWNER THAT PART OF THE PRO CEEDS AND ANY COSTS OF THE 2
FORFEITURE PROCEEDIN GS PAID FROM THE PRO CEEDS OF THE SALE . 3
13–635. 4
(A) IF THE INTEREST OF TH E OWNER IN PROPERTY THAT HAS BEEN SEIZED 5
UNDER THIS SUBTITLE IS REDEEMED, THE LIENHOLDER SHALL MAIL A NOTICE OF 6
THE REDEMPTION TO TH E FORFEITING AUTHORI TY WITHIN 10 DAYS AFTER THE 7
REDEMPTION . 8
(B) (1) IF PROPERTY THAT HAS BEEN SEIZED UNDER TH IS SUBTITLE HAS 9
BEEN REPOSSESSED OR OTHERWISE LAWFULLY T AKEN BY THE LIENHOLD ER, THE 10
LIENHOLDER SHALL RET URN THE PROPERTY TO THE SEIZING AUTHORIT Y WITHIN 11
21 DAYS AFTER THE REDEMPTION . 12
(2) THE SEIZING AUTHORITY AND THE FORFEITING A UTHORITY MAY 13
THEN PROCEED WITH TH E FORFEITURE OF THE PROPERTY OR THE PROC EEDS FROM 14
THE SALE OF THE PROP ERTY. 15
(C) TIME LIMITATIONS REQU IRED UNDER THIS SUBT ITLE FOR NOTICE AND 16
FILING OF THE COMP LAINT FOR FORFEITURE RUN FROM THE DATE OF REDEMPTION 17
OR PURCHASE OF THE P ROPERTY THAT HAS BEE N SEIZED UNDER THIS SUBTITLE. 18
13–636. 19
THIS SUBTITLE DOES NO T PROHIBIT A LIENHOL DER FROM EXERCISING 20
RIGHTS UNDER APPLICA BLE LAW, INCLUDING THE RIGHT TO SELL PROPERTY THAT 21
HAS BEEN SEIZED UNDE R THIS SUBTITLE , IF A DEFAULT OCCURS IN THE 22
OBLIGATION GIVING RI SE TO THE LIEN. 23
13–637. 24
(A) IN AN ACTION BROUGHT UNDER THIS SUBTITLE , THE STATE MAY FILE 25
WITH THE CLERK OF TH E COURT A CERTIFICAT E STATING THAT THE C ASE IS OF 26
SPECIAL PUBLIC IMPOR TANCE. 27
(B) THE CLERK OF THE COUR T SHALL IMMEDIATELY FURNISH A COPY OF A 28
CERTIFICATE FILED UN DER SUBSECTION (A) OF THIS SECTION TO T HE CHIEF 29
JUSTICE OF THE SUPREME COURT OF MARYLAND OR THE CHIEF JUSTICE’S 30
DESIGNEE. 31
HOUSE BILL 1063 29
(C) ON RECEIPT OF A CERTIFICATE FIL ED UNDER SUBSECTION (A) OF THIS 1
SECTION, THE CHIEF JUSTICE OR THE CHIEF JUSTICE’S DESIGNEE SHALL 2
IMMEDIATELY DESIGNAT E A JUDGE TO HEAR AN D DETERMINE THE CASE . 3
(D) THE JUDGE DESIGNATED UNDER SUBSECTION (C) OF THIS SECTION 4
SHALL PROMPT LY ASSIGN THE CASE F OR HEARING, PARTICIPATE IN THE H EARINGS 5
AND DETERMINATION , AND CAUSE THE CASE T O BE EXPEDITED . 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2024. 8