EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1063*
HOUSE BILL 1063
E1, E2 4lr1862
CF SB 1111
By: Delegate Williams Delegates Williams, Arikan, and Kaufman
Introduced and read first time: February 7, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 17, 2024
CHAPTER ______
AN ACT concerning 1
Criminal Organizations – Criminal Prohibitions, Civil Actions, and Forfeiture 2
Underlying Crime 3
FOR the purpose of establishing the statute of limitations for a certain civil action for 4
damages resulting from certain participation in a criminal organization; altering 5
certain definitions of “criminal organization” and “underlying crime”; authorizing the 6
filing of and establishing procedures for a civil action for injunctive relief and 7
damages arising out of certain participation in a criminal organization; establishing 8
procedures for the forfeiture of property connected to certain altering the definition 9
of “underlying crime” that is applicable to certain prohibitions against participation 10
in a criminal organization; and generally relating to criminal organizations. 11
BY adding to 12
Article – Courts and Judicial Proceedings 13
Section 5–122 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Criminal Law 18
Section 9–801 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
BY repealing and reenacting, without amendments, 22 2 HOUSE BILL 1063
Article – Criminal Law 1
Section 9–804 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2023 Supplement) 4
BY adding to 5
Article – Criminal Law 6
Section 9–808 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2023 Supplement) 9
BY adding to 10
Article – Criminal Procedure 11
Section 13–601 through 13–637 to be under the new subtitle “Subtitle 6. Violations 12
of the Criminal Organizations Law” 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Courts and Judicial Proceedings 18
5–122. 19
A CIVIL ACTION FOR DAM AGES RESULTING FROM PARTICIPATION IN A 20
CRIMINAL ORGANIZATIO N BROUGHT UNDER § 9–808 OF THE CRIMINAL LAW 21
ARTICLE SHALL BE BROU GHT WITHIN 5 YEARS AFTER THE COND UCT IN VIOLATION 22
OF § 9–804 OF THE CRIMINAL LAW ARTICLE TERMINATES . 23
Article – Criminal Law 24
9–801. 25
(a) In this subtitle the following words have the meanings indicated. 26
(b) “Coerce” means to compel or attempt to compel another by threat of harm or 27
other adverse consequences. 28
(c) “Criminal organization” means an enterprise, INCLUDING AN INFORMA L 29
ASSOCIATION, whose members: 30
(1) individually or collectively engage in a pattern of organized crime 31
activity; 32
HOUSE BILL 1063 3
(2) have as one of their primary objectives or activities the commission of 1
one or more underlying crimes, including acts by juveniles that would be underlying crimes 2
if committed by adults; and 3
(3) have in common an overt or covert organizational or command 4
structure. 5
(d) “Enterprise” includes: 6
(1) a sole proprietorship, partnership, corporation, business trust, or other 7
legal entity; or 8
(2) any group of individuals associated in fact although not a legal entity. 9
(e) “Pattern of organized crime activity” means the commission of, attempted 10
commission of, conspiracy to commit, or solicitation of two or more underlying crimes or 11
acts by a juvenile that would be an underlying crime if committed by an adult, provided the 12
crimes or acts were not part of the same incident. 13
(f) “Solicit” has the meaning stated in § 11–301 of this article. 14
(g) “Underlying crime” means: 15
(1) a crime of violence as defined under § 14–101 of this article; 16
(2) a violation of § 3–203 (second degree assault), § 3–1102 (sex trafficking), 17
§ 3–1103 (forced marriage), § 4–203 (wearing, carrying, or transporting a handgun), § 18
4–204 (USE OF A FIREARM IN THE COMMISSION OF A CRIME), § 19
7–113 (embezzlement by fiduciary), or § 7–315 (theft – telecommunications–related) of this 20
article, § 9–102 (subornation of perjury), § 9–202(a) (bribery of juror), § 9–302 (inducing 21
false testimony or avoidance of subpoena), § 9–303 (retaliation for testimony), § 9–305 22
(intimidating or corrupting juror), § 9–306 (obstruction of justice), § 9–307 (destruction of 23
evidence), § 9–412 (CONTRABAND – IN GENERAL), § 9–413 (contraband – for escape), § 24
9–416 (contraband – controlled dangerous substance), or § 9–417 (contraband – 25
telecommunications–related) of this title, or § 11–304 (receiving earnings of prostitute), § 26
11–307 (house of prostitution), or § 12–104 (gaming offenses) of this article; 27
(3) a felony violation of § 3–701 (extortion), § 4–503 (manufacture or 28
possession of destructive device), § 5–602 (distribution of CDS), § 5–603 (manufacturing 29
CDS or equipment), § 5–604(b) (creating or possessing a counterfeit substance), § 5–606 30
(false prescription), § 6–103 (second degree arson), § 6–202 (first degree burglary), § 6–203 31
(second degree burglary), § 6–204 (third degree burglary), § 7–104 (theft), or § 7–105 32
(unauthorized use of a motor vehicle) of this article; 33
(4) a felony violation of § 5–133 of the Public Safety Article; 34
(5) THE COMMON LAW MISDE MEANOR OF MISCONDUCT IN OFFICE; 35 4 HOUSE BILL 1063
(6) FRAUD AND RELATED CR IMES UNDER A FELONY VIOLATION O F 1
TITLE 8 OF THIS ARTICLE (FRAUD AND RELATED CR IMES); 2
(7) (6) BRIBERY UNDER SUBTITLE 2 OF THIS TITLE; 3
(8) (7) FALSE STATEMENTS UND ER SUBTITLE 5 OF THIS TITLE; 4
(9) (8) IMPERSONATING A POLI CE OFFICER UNDER § 3–502 OF THE 5
PUBLIC SAFETY ARTICLE; 6
(10) (9) THREAT OF MASS VIOLE NCE UNDER TITLE 3, SUBTITLE 10 7
OF THIS ARTICLE; 8
(11) (10) INDECENCY AND OBSCEN ITY UNDER TITLE 11, SUBTITLE 1 9
OR SUBTITLE 2 A VIOLATION OF § 11–207 OR § 11–208 OF THIS ARTICLE (CHILD 10
PORNOGRAPHY ); 11
(12) (11) INSURANCE FRAUD UNDE R A FELONY VIOLATION O F TITLE 12
27, SUBTITLE 4 OF THE INSURANCE ARTICLE (INSURANCE FRAUD ); 13
(13) A VIOLATION OF THE MARYLAND CONSUMER PROTECTION ACT 14
UNDER TITLE 13 OF THE COMMERCIAL LAW ARTICLE; 15
(14) (12) REMOVAL OR FALSIFICA TION OF VEHICLE IDEN TIFICATION 16
NUMBER UNDER § 14–107 OF THE TRANSPORTATION ARTICLE; 17
(15) (13) ABUSE OR NEGLECT OF A VULNERABLE ADULT U NDER § 18
3–604 OR § 3–605 OF THIS ARTICLE; 19
[(5)] (16) (14) a crime under the laws of another state or of the United 20
States that would be a crime listed in items (1) through [(4)] (15) (13) of this subsection if 21
committed in this State; or 22
[(6)] (17) (15) the attempted commission of, conspiracy to commit, or 23
solicitation of a crime or act listed in items (1) through [(5)] (16) (14) of this subsection. 24
9–804. 25
(a) A person may not: 26
(1) participate in a criminal organization knowing that the members of the 27
criminal organization engage in a pattern of organized crime activity; and 28
HOUSE BILL 1063 5
(2) knowingly and willfully direct or participate in an underlying crime, or 1
act by a juvenile that would be an underlying crime if committed by an adult, committed 2
for the benefit of, at the direction of, or in association with a criminal organization. 3
(b) A criminal organization or an individual belonging to a criminal organization 4
may not: 5
(1) receive proceeds known to have been derived directly or indirectly from 6
an underlying crime; and 7
(2) use or invest, directly or indirectly, an aggregate of $10,000 or more of 8
the proceeds from an underlying crime in: 9
(i) the acquisition of a title to, right to, interest in, or equity in real 10
property; or 11
(ii) the establishment or operation of any enterprise. 12
(c) A criminal organization may not acquire or maintain, directly or indirectly, 13
any interest in or control of any enterprise or real property through an underlying crime. 14
(d) A person may not conspire to violate subsection (a), (b), or (c) of this section. 15
(e) A person may not violate subsection (a) of this section that results in the death 16
of a victim. 17
(f) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a 18
person who violates this section is guilty of a felony and on conviction is subject to 19
imprisonment not exceeding 15 years or a fine not exceeding $1,000,000 or both. 20
(ii) A person who violates subsection (e) of this section is guilty of a 21
felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not 22
exceeding $5,000,000 or both. 23
(2) (i) A sentence imposed under paragraph (1)(i) of this subsection for 24
a first offense may be separate from and consecutive to or concurrent with a sentence for 25
any crime based on the act establishing a violation of this section. 26
(ii) A sentence imposed under paragraph (1)(i) of this subsection for 27
a second or subsequent offense, or paragraph (1)(ii) of this subsection shall be separate from 28
and consecutive to a sentence for any crime based on the act establishing a violation of this 29
section. 30
(iii) A consecutive sentence for a second or subsequent offense shall 31
not be mandatory unless the State notifies the person in writing of the State’s intention to 32
proceed against the person as a second or subsequent offender at least 30 days before trial. 33
6 HOUSE BILL 1063
(3) In addition to the other penalties provided in this subsection, on 1
conviction the court may: 2
(i) order a person or criminal organization to be divested of any 3
interest in an enterprise or real property; 4
(ii) order the dissolution or reorganization of an enterprise; and 5
(iii) order the suspension or revocation of any license, permit, or prior 6
approval granted to the enterprise or person by a unit of the State or a political subdivision 7
of the State. 8
(g) (1) This subsection applies to a violation of § 5–602, § 5–603, § 5–604(b), § 9
5–606, § 5–612, § 5–613, § 5–614, or § 5–617 of this article. 10
(2) Assets divested under this section and derived from the commission of, 11
attempted commission of, conspiracy to commit, or solicitation of a crime described in 12
paragraph (1) of this subsection, either in whole or in part: 13
(i) if the State investigated and prosecuted a violation described in 14
paragraph (1) of this subsection, shall be deposited in the Addiction Treatment Divestiture 15
Fund established under § 8–6D–01 of the Health – General Article; or 16
(ii) if a local jurisdiction investigated and prosecuted a violation 17
described in paragraph (1) of this subsection, shall be used by the local jurisdiction: 18
1. to support alternatives to incarceration, reentry programs, 19
and addiction treatment services for persons with substance–related disorders; 20
2. to combat criminal organizations through education, 21
training, and resources; or 22
3. to provide assistance to victims of criminal 23
organization–related crimes; and 24
(iii) if more than one jurisdiction participated in an investigation or 25
a prosecution of a violation described in paragraph (1) of this subsection, shall be divided 26
in the manner agreed on by the jurisdictions and used as provided in item (i) or (ii) of this 27
paragraph. 28
(h) A person may be charged with a violation of this section only by indictment, 29
criminal information, or petition alleging a delinquent act. 30
(i) (1) The Attorney General, at the request of the Governor or the State’s 31
Attorney for a county in which a violation or an act establishing a violation of this section 32
occurs, may: 33
HOUSE BILL 1063 7
(i) aid in the investigation of the violation or act; and 1
(ii) prosecute the violation or act. 2
(2) In exercising authority under paragraph (1) of this subsection, the 3
Attorney General has all the powers and duties of a State’s Attorney, including the use of 4
the grand jury in the county, to prosecute the violation. 5
(3) Notwithstanding any other provision of law, in circumstances in which 6
violations of this section are alleged to have been committed in more than one county, the 7
respective State’s Attorney of each county, or the Attorney General, may join the causes of 8
action in a single complaint with the consent of each State’s Attorney having jurisdiction 9
over an offense sought to be joined. 10
(j) Notwithstanding any other provision of law and provided at least one criminal 11
organization activity of a criminal organization allegedly occurred in the county in which a 12
grand jury is sitting, the grand jury may issue subpoenas, summon witnesses, and 13
otherwise conduct an investigation of the alleged criminal organization’s activities and 14
offenses in other counties. 15
9–808. 16
(A) AN AGGRIEVED PERSON O R THE STATE MAY FILE A COMP LAINT IN 17
CIRCUIT COURT TO ENJ OIN A VIOLATION OF § 9–804 OF THIS SUBTITLE. 18
(B) A COURT MAY, AFTER MAKING DUE PRO VISIONS FOR THE RIGH TS OF 19
INNOCENT PERSONS , GRANT A COMPLAINT FILED UNDE R SUBSECTION (A) OF THIS 20
SECTION BY ISSUING A PPROPRIATE ORDERS AN D JUDGMENTS , INCLUDING: 21
(1) ORDERING A DEFENDANT TO DIVEST ANY INTERE ST IN AN 22
ENTERPRISE, REAL PROPERTY , OR PERSONAL PROPERTY ; 23
(2) IMPOSING REASONABLE RESTRICTIONS O N THE FUTURE 24
ACTIVITIES OR INVEST MENTS OF A DEFENDANT , INCLUDING PROHIBITIN G THE 25
DEFENDANT FROM ENGAG ING IN THE SAME TYPE OF ENDEAVOR AS THE 26
ENTERPRISE IN WHICH THE DEFENDANT WAS EN GAGED IN VIOLATION O F § 9–804 OF 27
THIS SUBTITLE; 28
(3) ORDERING THE DISSOLU TION OR REORGANIZATI ON OF AN 29
ENTERPRISE; 30
(4) ORDERING THE SUSPENS ION OR REVOCATION OF A LICENSE, 31
PERMIT, OR PRIOR APPROVAL GR ANTED TO AN ENTERPRI SE BY A STATE AGENCY ; 32
AND 33
8 HOUSE BILL 1063
(5) ORDERING THE FORFEIT URE OF THE CHARTER O F A 1
CORPORATION ORGANIZE D UNDER STATE LAW, OR THE REVOCATION OF 2
AUTHORIZATION FOR A FOREIGN CORPORATION TO CONDUCT BUSINESS IN THE 3
STATE, ON A FINDING THAT : 4
(I) THE BOARD OF DIRECTO RS OR A MANAGERIAL A GENT 5
ACTING ON BEHALF OF THE CORPORATION , IN CONDUCTING AFFAIR S OF THE 6
CORPORATION , HAS AUTHORIZED OR EN GAGED IN CONDUCT IN VIOLATION OF § 7
9–804 OF THIS SUBTITLE ; AND 8
(II) FOR THE PREVENTION O F FUTURE CRIMINAL AC TIVITY, THE 9
PUBLIC INTEREST REQU IRES THAT THE CHARTE R OF THE CORPORATION BE 10
FORFEITED AND THAT T HE CORPORATION BE DISSOLVED OR ITS AUTHORIZATION 11
TO CONDUCT BUSINESS IN THE STATE BE REVOKED . 12
(C) (1) IN AN ACTION UNDER TH IS SECTION, THE COURT SHALL GRAN T 13
RELIEF IN CONFORMITY WITH THE PRINCIPLES THAT GOVERN THE GRAN TING OF 14
INJUNCTIVE RELIEF FR OM THREATENED LOSS O R DAMAGE IN OTHER CIVI L CASES, 15
IF NO SHOWING OF SPE CIAL OR IRREPARABLE DAMAGE TO THE PLAINT IFF IS MADE. 16
(2) ON THE EXECUTION OF P ROPER BOND AGAINST D AMAGES FOR AN 17
INJUNCTION IMPROVIDE NTLY GRANTED AND A S HOWING OF IMMEDIATE DANGER OF 18
SIGNIFICANT LOSS OR DAMAGE, THE COURT MAY ISSUE A TEMPORARY RESTRAIN ING 19
ORDER AND A PRELIMIN ARY INJUNCTION BEFOR E A FINAL DETERMINAT ION ON THE 20
MERITS. 21
(D) A PERSON WHO IS INJURE D AS A RESULT OF A V IOLATION OF § 9–804 OF 22
THIS SUBTITLE: 23
(1) HAS A CIVIL CAUSE OF ACTION AGAINST THE VIOLATOR FOR 24
THREE TIMES THE ACTU AL DAMAGES SUSTAINED AND, WHERE APPROPRIATE , 25
PUNITIVE DAMAGES ; AND 26
(2) IS ENTITLED TO RECOV ER ATTORNEY ’S FEES IN THE TRIAL AND 27
APPELLATE COURTS AND COSTS OF INVESTIGATI ON AND LITIGATION RE ASONABLY 28
INCURRED. 29
(E) THE PLAINTIFF OR DEFE NDANT MAY DEMAND A J URY TRIAL IN ANY 30
CIVIL ACTION BROUGHT UNDER THIS SECTION . 31
(F) A CRIMINAL CONVICTION FOR A VIOLATION OF § 9–804 OF THIS 32
SUBTITLE SHALL ESTOP THE DEFENDANT IN ANY SUBSEQUENT CIVIL ACT ION UNDER 33
THIS SUBTITLE OR CIVIL FORFEITURE PRO CEEDING UNDER TITLE 13, SUBTITLE 6 34 HOUSE BILL 1063 9
OF THE CRIMINAL PROCEDURE ARTICLE AS TO ALL MAT TERS PROVED IN THE 1
CRIMINAL PROCEEDING . 2
(G) (1) THE APPLICATION OF ON E CIVIL REMEDY UNDER THIS SECTION 3
DOES NOT PRECLUDE TH E APPLICATION OF ANY OTHER CIVIL OR CRIMINAL REME DY 4
FOR A VIOLATION OF § 9–804 OF THIS SUBTITLE. 5
(2) CIVIL REMEDIES UNDER THIS SECTION ARE SUP PLEMENTAL TO 6
ANY OTHER REMEDY AVA ILABLE. 7
Article – Criminal Procedure 8
SUBTITLE 6. VIOLATIONS OF THE CRIMINAL ORGANIZATIONS LAW. 9
13–601. 10
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(B) “CHIEF EXECUTIVE OFFIC ER” MEANS: 13
(1) FOR BALTIMORE CITY, THE MAYOR; 14
(2) FOR A CHARTER COUNTY , THE COUNTY EXECUTIVE OR, IF THERE 15
IS NO COUNTY EXECUTI VE, THE COUNTY COUNCIL ; 16
(3) FOR A CODE COUNTY , THE COUNTY COMMISSIO NERS; 17
(4) FOR A COMMISSION COU NTY, THE COUNTY COMMISSIO NERS; OR 18
(5) FOR A MUNICIPAL CORP ORATION, THE LEGISLATIVE BODY 19
ESTABLISHED BY MUNIC IPAL CHARTER. 20
(C) “CONVICTED” MEANS FOUND GUILTY . 21
(D) “CRIMINAL ORGANIZATIONS LAW ” MEANS TITLE 9, SUBTITLE 8 OF THE 22
CRIMINAL LAW ARTICLE. 23
(E) “FINAL DISPOSITION ” MEANS DISMISSAL , ENTRY OF A NOLLE 24
PROSEQUI, MARKING OF A CRIMINA L CHARGE “STET” ON THE DOCKET , ENTRY OF A 25
NOT GUILTY VERDICT , PRONOUNCEMENT OF SEN TENCE, OR IMPOSITION OF 26
PROBATION UNDER § 6–220 OF THIS ARTICLE. 27
(F) “FORFEITING AUTHORITY ” MEANS: 28
10 HOUSE BILL 1063
(1) THE UNIT OR PERSON D ESIGNATED BY AGREEME NT BETWEEN THE 1
STATE’S ATTORNEY FOR A COUNTY AND THE CHIEF EXECUT IVE OFFICER OF THE 2
GOVERNING BODY HAVIN G JURISDICTIO N OVER ASSETS SUBJEC T TO FORFEITURE 3
TO ACT ON BEHALF OF THE GOVERNING BODY R EGARDING THOSE ASSET S; OR 4
(2) IF THE SEIZING AUTHO RITY IS A UNIT OF TH E STATE, A UNIT OR 5
PERSON THAT THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE 6
DESIGNATES BY AGREEM ENT WITH A STATE’S ATTORNEY, COUNTY ATTORNEY , OR 7
MUNICIPAL ATTORNEY T O ACT ON BEHALF OF T HE STATE REGARDING ASSET S 8
SUBJECT TO FORFEITUR E BY THE STATE. 9
(G) “GOVERNING BODY ” INCLUDES: 10
(1) THE STATE, IF THE SEIZING AUTHO RITY IS A UNIT OF THE STATE; 11
(2) A COUNTY, IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY; 12
(3) A MUNICIPAL CORPORAT ION, IF THE SEIZING AUTHO RITY IS A 13
UNIT OF A MUNICIPALI TY; AND 14
(4) BALTIMORE CITY, IF THE SEIZING AUTHO RITY IS THE BALTIMORE 15
POLICE DEPARTMENT . 16
(H) “LIEN” INCLUDES A MORTGAGE , A DEED OF TRUST , A PLEDGE, A 17
SECURITY INTEREST , AN ENCUMBRANCE , AND A RIGHT OF SETOF F. 18
(I) “LIENHOLDER” MEANS A PERSON WHO H AS A LIEN OR A SECUR ED 19
INTEREST ON PROPERTY CREATED BEFORE THE S EIZURE. 20
(J) “LOCAL FINANCIAL AUTHO RITY” MEANS: 21
(1) IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY, THE 22
TREASURER OR DIRECTO R OF FINANCE OF THE COUNTY; OR 23
(2) IF THE SEIZING AUTHO RITY IS A UNIT OF A MUNICIPAL 24
CORPORATION , THE TREASURER OR DIR ECTOR OF FINANCE OF THE MUNICIPAL 25
CORPORATION . 26
(K) (1) “OWNER” MEANS A PERSON HAVIN G A LEGAL, EQUITABLE, OR 27
POSSESSORY INTEREST IN PROPERTY. 28
(2) “OWNER” INCLUDES: 29
(I) A CO–OWNER; 30 HOUSE BILL 1063 11
(II) A LIFE TENANT; 1
(III) A REMAINDERMAN TO A LIFE TENANCY IN REAL PROPERTY; 2
(IV) A HOLDER OF AN INCHO ATE INTEREST IN REAL PROPE RTY; 3
AND 4
(V) A BONA FIDE PURCHASE R FOR VALUE. 5
(L) “PROCEEDS” MEANS PROFITS DERIVE D FROM A VIOLATION O F THE 6
CRIMINAL ORGANIZATIONS LAW OR PROPERTY OBTAINED DI RECTLY OR 7
INDIRECTLY FROM THOS E PROFITS. 8
(M) (1) “PROPERTY” INCLUDES: 9
(I) REAL PROPERTY AND AN YTHING GROWING ON OR 10
ATTACHED TO REAL PRO PERTY; 11
(II) MOTOR VEHICLES ; AND 12
(III) MONEY. 13
(2) “PROPERTY” DOES NOT INCLUDE : 14
(I) AN ITEM UNLAWFULLY I N THE POSSESSION OF A PERSON 15
OTHER THAN THE OWNER WHEN USED IN CONNECT ION WITH A VIOLATION OF THE 16
CRIMINAL ORGANIZATIONS LAW ; OR 17
(II) A LESSOR’S INTEREST IN PROPER TY SUBJECT TO A BONA 18
FIDE LEASE, UNLESS THE FORFEITIN G AUTHORITY CAN SHOW THAT THE LESSOR 19
PARTICIPATED IN A VI OLATION OF THE CRIMINAL ORGANIZATIONS LAW OR THAT 20
THE PROPERTY WAS THE PROCEEDS OF A VIOLAT ION OF THE CRIMINAL 21
ORGANIZATIONS LAW . 22
(N) (1) “REAL PROPERTY ” MEANS LAND OR AN IMP ROVEMENT TO LAND . 23
(2) “REAL PROPERTY ” INCLUDES: 24
(I) A LEASEHOLD OR ANY O THER LIMITED INTERES T IN 25
PROPERTY; 26
(II) AN EASEMENT; AND 27
12 HOUSE BILL 1063
(III) A REVERSIONARY INTER EST IN A 99–YEAR GROUND LEASE 1
RENEWABLE FOREVER . 2
(O) “SEIZING AUTHORITY ” MEANS A LAW ENFORCEM ENT UNIT IN THE 3
STATE THAT IS AUTHORI ZED TO INVESTIGATE V IOLATIONS OF THE CRIMINAL 4
ORGANIZATIONS LAW AND THAT HAS SEIZED PROPERTY UNDER T HIS SUBTITLE. 5
13–602. 6
THE FOLLOWING ARE SUB JECT TO FORFEITURE : 7
(1) EXCEPT AS PROVIDED I N § 13–603 OF THIS SUBTITLE , A MOTOR 8
VEHICLE USED IN CONN ECTION WITH A VIOLAT ION OF AND CONVICTIO N UNDER § 9
9–804 OF THE CRIMINAL LAW ARTICLE; 10
(2) MONEY USED IN CONNEC TION WITH A VIOLATIO N OF AND 11
CONVICTION UNDER THE CRIMINAL ORGANIZATIONS LAW , FOUND IN CLOSE 12
PROXIMITY TO OR AT T HE SCENE OF THE ARRE ST FOR A VIOLATION O F THE 13
CRIMINAL ORGANIZATIONS LAW ; AND 14
(3) EXCEPT AS PROVIDED I N § 13–603 OF THIS SUBTITLE , REAL 15
PROPERTY USED IN CON NECTION WITH A VIOLA TION OF AND CONVICTI ON UNDER § 16
9–804 OF THE CRIMINAL LAW ARTICLE. 17
13–603. 18
(A) PROPERTY OR AN INTERE ST IN PROPERTY DESCR IBED IN § 13–602(1) 19
OR (3) OF THIS SUBTITLE MAY NOT BE FORFEITED IF THE OWNER ESTABLISHES BY 20
A PREPONDERANCE OF T HE EVIDENCE THAT THE VIOLATION OF THE CRIMINAL 21
ORGANIZATIONS LAW WAS COMMITTED WITHOUT TH E OWNER ’S ACTUAL 22
KNOWLEDGE . 23
(B) (1) A MOTOR VEHICLE FOR HI RE IN THE TRANSACTIO N OF BUSINESS 24
AS A COMMON CARRIER OR A MOTOR VEHICLE FOR HIRE MAY NOT BE SEIZED OR 25
FORFEITED UNDER THIS SUBTITLE UNLESS IT A PPEARS THAT THE OWNE R OR OTHER 26
PERSON IN CHARGE OF THE MOTOR VEHICLE WA S A CONSENTING PARTY OR PRIVY 27
TO A VIOLATION OF TH E CRIMINAL ORGANIZATIONS LAW . 28
(2) A MOTOR VEHICLE MAY NOT BE FORFEITED UND ER THIS 29
SUBTITLE FOR AN ACT OR OMISSION THAT THE OWNER SHOWS WAS COMM ITTED OR 30
OMITTED BY A PERSON OTHER THAN THE OWNER WHILE THE PERSON OTH ER THAN 31
THE OWNER POSSESSED THE MOTOR VEHICLE IN CRIMINAL VIOLATION O F FEDERAL 32
LAW OR THE LAW OF ANY STATE. 33
HOUSE BILL 1063 13
(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION, REAL PROPERTY USED 1
AS THE PRINCIPAL FAM ILY RESIDENCE MAY NO T BE FORFEITED UNDER THIS 2
SUBTITLE UNLESS ONE OF THE OWNERS OF THE REAL PROPERTY WAS CO NVICTED 3
OF A VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE OR OF AN ATTE MPT OR 4
CONSPIRACY TO VIOLAT E § 9–804 OF THE CRIMINAL LAW ARTICLE. 5
(D) REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE BY 6
SPOUSES AND HELD BY THE SPOUSES AS TENAN TS BY THE ENTIRETY M AY NOT BE 7
FORFEITED UNLESS : 8
(1) THE PROPERTY WAS USED IN CO NNECTION WITH A VIOL ATION OF 9
§ 9–804 OF THE CRIMINAL LAW ARTICLE OR WITH AN AT TEMPT OR A CONSPIRAC Y 10
TO VIOLATE § 9–804 OF THE CRIMINAL LAW ARTICLE; AND 11
(2) BOTH SPOUSES ARE CON VICTED OF A VIOLATIO N OF § 9–804 OF 12
THE CRIMINAL LAW ARTICLE OR OF AN ATTEMPT OR CONSPIRACY TO VIO LATE § 13
9–804 OF THE CRIMINAL LAW ARTICLE. 14
13–604. 15
PERSONAL PROPERTY SUB JECT TO FORFEITURE U NDER THIS SUBTITLE M AY 16
BE SEIZED: 17
(1) ON A WARRANT ISSUED BY A COURT THAT HAS JURISDICTION 18
OVER THE PROPERTY ; AND 19
(2) WITHOUT A WARRANT WH EN: 20
(I) THE SEIZURE IS INCID ENT TO AN ARREST OR A SEARCH 21
UNDER A SEARCH WARRA NT; 22
(II) THE SEIZURE IS INCID ENT TO AN INSPECTION UNDER AN 23
ADMINISTRATIVE INSPE CTION WARRANT ; 24
(III) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE 25
SUBJECT OF A PRIOR J UDGMENT IN FAVOR OF THE STATE IN A CRIMINAL 26
INJUNCTION OR FORFEI TURE PROCEEDING UNDE R THIS SUBTITLE; OR 27
(IV) THERE IS PROBABLE CA USE TO BELIEVE THAT THE 28
PROPERTY IS DIRECTLY OR INDIRECTLY DANGER OUS TO HEALTH OR SAF ETY. 29
13–605. 30
14 HOUSE BILL 1063
(A) A SEIZING AUTHORITY TH AT SEIZES MONEY UNDE R THIS SUBTITLE 1
IMMEDIATELY SHALL : 2
(1) PHOTOGRAPH THE MONEY AND RECORD THE QUANT ITY OF EACH 3
DENOMINATION OF COIN OR CURRENCY SEIZED ; AND 4
(2) DEPOSIT THE MONEY TO THE ACCOUNT OF THE A PPROPRIATE 5
LOCAL FINANCIAL AUTHORITY . 6
(B) A PHOTOGRAPH TAKEN UND ER SUBSECTION (A) OF THIS SECTION MAY 7
BE SUBSTITUTED FOR M ONEY AS EVIDENCE IN A CRIMINAL OR FORFEI TURE 8
PROCEEDING . 9
13–606. 10
(A) PROPERTY SEIZED UNDER THIS SUBTITLE: 11
(1) IS NOT REPLEVIABLE ; BUT 12
(2) IS IN THE CUSTODY OF TH E SEIZING AUTHORITY , SUBJECT ONLY 13
TO THE ORDERS , JUDGMENTS , AND DECREES OF THE C OURT OR THE OFFICIAL 14
HAVING JURISDICTION OVER THE PROPERTY . 15
(B) A SEIZING AUTHORITY MA Y PLACE SEIZED PROPE RTY UNDER SEAL AND 16
REMOVE THE PROPERTY TO A PLACE DESIGNATED BY THE COURT. 17
13–607. 18
(A) A SEIZING AUTHORITY MA Y SEIZE A MOTOR VEHI CLE USED IN 19
VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE AND RECOMMEND 20
FORFEITURE TO THE FO RFEITING AUTHORITY I F THE TOTAL CIRCUMST ANCES OF 21
THE CASE AS LISTED I N SUBSECTION (B) OF THIS SECTION DICT ATE THAT SEIZURE 22
AND FORFEITURE ARE J USTIFIED. 23
(B) CIRCUMSTANCES TO BE C ONSIDERED IN DECIDIN G WHETHER SEIZURE 24
AND FORFEITURE ARE J USTIFIED INCLUDE : 25
(1) EVIDENCE THAT THE MO TOR VEHICLE WAS ACQU IRED BY USE OF 26
PROCEEDS FROM A TRANSACTION I NVOLVING A VIOLATION OF § 9–804 OF THE 27
CRIMINAL LAW ARTICLE; 28
(2) THE CIRCUMSTANCES OF THE ARREST; AND 29
(3) THE WAY IN WHICH THE MOTOR VEHICLE WAS US ED. 30 HOUSE BILL 1063 15
13–608. 1
(A) THE CHIEF LAW ENFORCE MENT OFFICER OF THE SEIZING AUTHORITY 2
THAT SEIZES A MOTOR VEHIC LE USED IN VIOLATION OF § 9–804 OF THE CRIMINAL 3
LAW ARTICLE MAY RECOMMEND TO THE APPROPRIATE F ORFEITING 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 AFFIDAVIT BY T HE CHIEF LAW ENFORCE MENT OFFICER THAT 14
THE OFFICER FOLLOWED THE REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION 15
IS ADMISSIBLE IN EVI DENCE IN A PROCEE DING UNDER THIS SUBT ITLE. 16
13–609. 17
(A) THE FORFEITING AUTHOR ITY SHALL SURRENDER THE MOTOR VEHICLE 18
ON REQUEST TO THE OW NER IF THE FORFEITIN G AUTHORITY DETERMIN ES, 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 INTERES T IN REAL PROPERTY , 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 PROCEEDIN GS HAVE BEGUN BUT FO RFEITURE 8
PROCEEDINGS HAVE NOT BEGUN, THE PROPER COURT IS THE COURT WHERE THE 9
CRIMINAL PROCEEDINGS HAVE BEGUN. 10
(4) IF BOTH FORFE ITURE PROCEEDINGS AN D CRIMINAL 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 TH E 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 MAKE THE REQUIRED PAYMENTS 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 COUR T. 29
(C) (1) IF PROPERTY OTHER THA N A MOTOR VEHICLE IS NOT NEEDED 30
FOR EVIDENTIARY PURP OSES IN A JUDICIAL P ROCEEDING, 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 SUBSEC TION SHALL PROMPTLY : 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 TH E PERFECTION OF 5
THE LIEN. 6
(E) (1) ON THE FILING OF AN A PPRAISAL, 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 TH E RECORDS REQUIRED B Y LAW FOR THE NOTICE 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 LIE N ON REAL PROPERTY , OR BY OTHER MEANS 15
THAT THE CLERK APPRO VES. 16
(3) A BOND AUTHORIZED UNDE R THIS SUBSECTION SH ALL 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 THE SEI ZURE IS PENDING ; AND 21
(III) UNLESS A COMPLAINT F OR FORFEITURE HAS BE EN 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 FILED IN THE CIRCUIT 25
COURT OR DISTRICT COURT WHERE THE PROPE RTY WAS SEIZED. 26
(F) (1) IF THE COURT ORDERS T HAT PROPERTY OR AN I NTEREST 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 A GAINST THE 29
OBLIGORS ON THE BOND WITHOUT FURTHER PROC EEDINGS. 30
18 HOUSE BILL 1063
(2) PAYMENT OF THE AMOUNT OF THE BOND SHALL BE APPLIED AS 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 FORFEITURE 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 OWN ER 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 AGREED TO BY A FORFEITING AUTH ORITY 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
(2) REMOVE A BUILDING OR FIXTURE ON SEIZED RE AL PROPERTY. 29
HOUSE BILL 1063 19
13–614. 1
EXCEPT AS PROVIDED IN § 13–617(C) OF THIS SUBTITLE , IF PROPERTY IS 2
SEIZED UNDER § 13–604(2)(IV) OF THIS SUBTITLE BEC AUSE THERE IS PROBAB LE 3
CAUSE TO BELIEVE THA T THE PROPERTY IS DI RECTLY OR INDIRECTLY DANGEROUS 4
TO HEALTH OR SAFETY AND THAT THE PROPERT Y WAS OR WILL BE USE D TO VIOLATE 5
§ 9–804 OF THE CRIMINAL LAW ARTICLE, FORFEITURE PROCEEDIN GS UNDER THIS 6
SUBTITLE SHALL BE FI LED PROMPTLY . 7
13–615. 8
EXCEPT AS PROVIDED IN § 13–616 OF THIS SUBTITLE , THE APPROPRIATE 9
FORFEITING AUTHORITY SHALL FILE PROCEEDIN GS UNDER THIS SUBTIT LE IN THE 10
CIRCUIT COURT . 11
13–616. 12
(A) TO APPLY FOR THE FORFEI TURE OF MONEY , THE APPROPRIATE LOCA L 13
FINANCIAL AUTHORITY OR THE ATTORNEY GENERAL SHALL FILE A COMPLAINT AND 14
AFFIDAVIT IN THE DISTRICT COURT OR THE CIRCUIT COURT FOR THE COUNTY IN 15
WHICH THE MONEY WAS SEIZED. 16
(B) THE COMPLAINT AND AFF IDAVIT SHALL BE SERVED IN ACCORDANCE 17
WITH THE MARYLAND RULES. 18
13–617. 19
(A) EXCEPT AS PROVIDED UN DER SUBSECTIONS (B) AND (C) OF THIS 20
SECTION, A COMPLAINT SEEKING FORFEITURE SHALL BE FILED WITHIN THE 21
EARLIER OF: 22
(1) 90 DAYS AFTER THE SEIZU RE; OR 23
(2) 1 YEAR AFTER THE FINAL DISPOSITION OF THE C RIMINAL CHARGE 24
FOR THE VIOLATION GI VING RISE TO THE FOR FEITURE. 25
(B) A COMPLAINT FOR THE FO RFEITURE OF A MOTOR VEHICLE SHALL BE 26
FILED WITHIN 45 DAYS AFTER THE MOTOR VEHICLE IS SEIZED. 27
(C) (1) A PROCEEDING ABOUT MONEY SHALL BE FILED WITHIN 90 DAYS 28
AFTER THE FINAL DISP OSITION OF CRIMINAL PROCEEDINGS THAT ARI SE OUT OF 29
THE CRIMINAL ORGANIZATIONS LAW . 30
20 HOUSE BILL 1063
(2) IF THE STATE OR A POLITICAL SUBDIVISION DOES NOT FILE 1
PROCEEDINGS ABOUT MO NEY WITHIN THE 90–DAY PERIOD, THE MON EY SEIZED 2
UNDER THIS SUBTITLE SHALL BE RETURNED TO THE OWNER ON REQUEST BY THE 3
OWNER. 4
(3) IF THE OWNER FAILS TO ASK FOR THE RETURN O F THE MONEY 5
WITHIN 1 YEAR AFTER THE FINAL DISPOSITION OF CRIMI NAL PROCEEDINGS , THE 6
MONEY SHALL REVERT T O: 7
(I) THE POLITICAL SUBDIVISION I N WHICH THE MONEY WA S 8
SEIZED; OR 9
(II) THE STATE, IF THE MONEY WAS SEI ZED BY STATE 10
AUTHORITIES. 11
13–618. 12
(A) A COMPLAINT SEEKING FO RFEITURE SHALL CONTA IN: 13
(1) A DESCRIPTION OF THE PROPERTY SEIZED ; 14
(2) THE DATE AND PLACE O F THE SEIZURE; 15
(3) THE NAME OF THE OWNE R, IF KNOWN; 16
(4) THE NAME OF THE PERS ON IN POSSESSION , IF KNOWN; 17
(5) THE NAME OF EACH LIE NHOLDER, IF KNOWN OR REASONAB LY 18
SUBJECT TO DISCOVERY ; 19
(6) AN ALLEGATION THAT T HE PROPERTY IS SUBJE CT TO 20
FORFEITURE; 21
(7) IF THE FORFEITING AU THORITY SEEKS TO FOR FEIT A 22
LIENHOLDER ’S INTEREST IN PROPER TY, AN ALLEGATION THAT T HE LIEN WAS 23
CREATED WITH ACTUAL KNOWLEDGE THAT THE P ROPERTY WAS BEING OR WAS TO 24
BE USED IN VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE; 25
(8) A STATEMENT OF THE FAC TS AND CIRCUMSTANCES 26
SURROUNDING THE SEIZ URE; 27
(9) A STATEMENT SETTING FORTH THE SPECIFIC G ROUNDS FOR 28
FORFEITURE; AND 29
HOUSE BILL 1063 21
(10) AN OATH OR AFFIRMATI ON BY THE FORFEITING AUTHORITY THAT 1
THE CONTENTS OF THE COMPLAINT ARE TRUE T O THE BEST OF THE FORFEITING 2
AUTHORITY’S KNOWLEDGE , INFORMATION , AND BELIEF. 3
(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , COPIES OF THE 4
SUMMONS AND COMPLAIN T SHALL BE SENT BY C ERTIFIED MAIL REQUES TING 5
“RESTRICTED DELIVERY – SHOW TO WHOM , DATE, ADDRESS OF D ELIVERY” AND 6
FIRST–CLASS MAIL TO ALL KN OWN OWNERS AND LIENH OLDERS WHOSE IDENTIT IES 7
ARE REASONABLY SUBJE CT TO DISCOVERY , INCLUDING ALL REAL P ROPERTY 8
OWNERS AND LIENHOLDE RS SHOWN IN THE RECO RDS REQUIRED BY LAW FOR 9
NOTICE OR PERFECTION OF THE LIEN. 10
13–619. 11
(A) A NOTICE SHALL BE SIGN ED BY THE CLERK OF T HE COURT AND SHALL : 12
(1) INCLUDE THE CAPTION OF THE CASE; 13
(2) DESCRIBE THE SUBSTAN CE OF THE COMPLAINT AND THE RELIEF 14
SOUGHT; 15
(3) STATE THE LATEST DAT E ON WHICH A RESPONS E MAY BE FILED; 16
(4) STATE THAT THE PROPERTY SH ALL BE FORFEITED IF A RESPONSE 17
IS NOT FILED ON TIME ; 18
(5) STATE THAT THE OWNER OF THE PROPERTY MAY HAVE 19
POSSESSION OF THE PR OPERTY PENDING FORFE ITURE BY POSTING A B OND AS 20
PROVIDED IN § 13–610 OF THIS SUBTITLE; AND 21
(6) TELL WHERE TO FILE A RESPONSE AND WHOM TO CONTACT FOR 22
MORE INFORMATION CON CERNING THE FORFEITU RE. 23
(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , THE NOTICE 24
SHALL BE: 25
(1) POSTED BY THE SHERIF F ON THE DOOR OF THE COURTHOUSE 26
WHERE THE ACTION IS PENDING OR ON A BULLETIN BOARD WITHI N THE IMMEDIATE 27
VICINITY OF THE DOOR ; 28
(2) POSTED BY THE SHERIF F IN A CONSPICUOUS P LACE ON THE LAND , 29
IF FORFEITURE OF REA L PROPERTY IS SOUGHT ; AND 30
22 HOUSE BILL 1063
(3) PUBLISHED AT LEAST O NCE A WEEK IN EACH O F 3 SUCCESSIVE 1
WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED IN THE COU NTY IN 2
WHICH THE ACTION IS PENDING, UNLESS THE PROPERTY IS A BOAT OR MOTOR 3
VEHICLE. 4
13–620. 5
THE ANSWER TO A COMPL AINT SHALL: 6
(1) COMPLY WITH THE MARYLAND RULES; 7
(2) STATE THE NATURE AND EXTENT OF THE PERSON’S RIGHT IN, 8
TITLE TO, OR INTEREST IN THE P ROPERTY; 9
(3) STATE HOW AND WHEN T HE PERSON ACQUIRED A RIGHT IN, TITLE 10
TO, OR INTEREST IN THE P ROPERTY; AND 11
(4) CONTAIN A REQUEST FO R RELIEF AND A REQUE ST FOR A PROMPT 12
HEARING. 13
13–621. 14
(A) IF AN ANSWER HAS BEEN FILE D ON TIME, THE COURT SHALL SET A 15
HEARING ON THE FORFE ITURE CLAIM WITHIN 60 DAYS AFTER THE LATER OF: 16
(1) POSTING OF NOTICE UN DER § 13–619(B)(1) OR (2) OF THIS 17
SUBTITLE; OR 18
(2) FINAL PUBLICATION OF NOTICE UNDER § 13–619(B)(3) OF THIS 19
SUBTITLE. 20
(B) WITHOUT A HEARING , THE COURT MAY ORDER FORFEITURE OF THE 21
PROPERTY INTEREST OF A PERSON WHO FAILS T O TIMELY FILE AN ANS WER. 22
13–622. 23
EXCEPT AS PROVIDED IN §§ 13–603 AND 13–624 OF THIS SUBTITLE , AN 24
OWNER’S INTEREST IN REAL P ROPERTY MAY BE FORFEITED IF THE OWNER OF THE 25
REAL PROPERTY IS CON VICTED OF VIOLATING § 9–804 OF THE CRIMINAL LAW 26
ARTICLE OR ATTEMPTING OR CONSPIRING TO VIO LATE § 9–804 OF THE CRIMINAL 27
LAW ARTICLE. 28
13–623. 29
HOUSE BILL 1063 23
(A) FORFEITURE PROCEEDING S FOR REAL PROPERTY MAY BE BROUGHT IN 1
THE JURISDICTION WHE RE: 2
(1) THE CRIMINAL CHARGES ARE PENDING; 3
(2) THE OWNER RESIDES ; OR 4
(3) THE REAL PROPERTY IS LOCATED. 5
(B) (1) IF FORFEITURE PROCEED INGS FOR REAL PROPER TY ARE 6
BROUGHT IN A JURISDI CTION OTHER THAN WHE RE THE REAL PROPERTY IS 7
LOCATED, A NOTICE OF PENDING LITIGATION SHALL BE FILED IN THE JURISDI CTION 8
WHERE THE PROPERTY I S LOCATED. 9
(2) A NOTICE OF PENDING LI TIGATION REQUIRED UN DER THIS 10
SUBSECTION SHALL INC LUDE AT LEAST: 11
(I) THE NAME AND ADDRESS OF THE OWNER OF THE REAL 12
PROPERTY; 13
(II) A DESCRIPTION OF THE REAL PROPERTY ; AND 14
(III) A DESCRIPTION OF THE REASONS FOR THE FILI NG OF THE 15
FORFEITURE PROCEEDIN GS AND NOTICE OF PEN DING LITIGATION. 16
13–624. 17
IF AN OWNER OF REAL P ROPERTY USED AS THE PRINCIPAL FAMILY 18
RESIDENCE IS CONVICTED UNDER § 9–804 OF THE CRIMINAL LAW ARTICLE OR IS 19
CONVICTED OF AN ATTE MPT OR CONSPIRACY TO VIOLATE § 9–804 OF THE CRIMINAL 20
LAW ARTICLE AND THE OWNER FILES AN APPEAL OF T HE CONVICTION , THE COURT 21
SHALL STAY FORFEITUR E PROCEEDINGS UNDER § 13–603 OF THIS SUBTITLE 22
AGAINST THE REAL PRO PERTY DURING THE PEN DENCY OF THE APPEAL . 23
13–625. 24
(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 25
THERE IS A REBUTTABL E PRESUMPTION THAT P ROPERTY OR PART OF A PROPERTY 26
IN WHICH A PERSON HA S AN OWNERSHIP INTEREST IS SUBJECT TO FORFEITURE AS 27
PROCEEDS, IF THE STATE ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE 28
THAT: 29
24 HOUSE BILL 1063
(I) THE PERSON WAS CONVI CTED OF VIOLATING § 9–804 OF 1
THE CRIMINAL LAW ARTICLE OR ATTEMPTING OR CONSPIRING TO VIO LATE § 9–804 2
OF THE CRIMINAL LAW ARTICLE; 3
(II) THE PROPERTY WAS ACQ UIRED BY THE PERSON DURING 4
THE VIOLATION OR WIT HIN A REASONABLE TIM E AFTER THE VIOLATIO N; AND 5
(III) THERE WAS NO OTHER L IKELY SOURCE FOR THE PROPERTY. 6
(2) A CLAIMANT OF THE PROP ERTY HAS THE BURDEN OF PROOF TO 7
REBUT THE PRESUMPTIO N IN PARAGRAPH (1) OF THIS SUBSECTION . 8
(B) REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE MAY NOT 9
BE FORFEITED UNDER T HIS SECTION UNLESS : 10
(1) AN OWNER OF THE REAL PROPERTY WAS CONVICT ED OF A CRIME 11
DESCRIBED UNDER SUBS ECTION (A)(1)(I) OF THIS SECTION; OR 12
(2) § 13–603(D) OF THIS SUBTITLE APP LIES. 13
13–626. 14
(A) THE COURT MAY ORDER T HE FORFEITURE OF OTH ER PROPERTY OF THE 15
OWNER UP TO THE VALU E OF ANY PROPERTY SE IZED UNDER THIS SUBT ITLE, WITH 16
THE EXCEPTION OF REA L PROPERTY, IF AS A RESULT OF AN AC T OR OMISSION OF 17
THE OWNER THE PROPER TY TO BE FORFEITED : 18
(1) CANNOT BE LOCATED AF TER THE EXERCISE OF DUE DILIGENCE ; 19
(2) HAS BEEN TRANSFERRED TO, SOLD TO, OR DEPOSITED WITH A 20
THIRD PARTY; 21
(3) HAS BEEN PLACED BEYO ND THE JURISDIC TION OF THE COURT ; 22
(4) HAS BEEN SUBSTANTIAL LY DIMINISHED IN VAL UE; OR 23
(5) HAS BEEN COMMINGLED WITH OTHER PROPERTY AND CANNOT BE 24
DIVIDED WITHOUT DIFF ICULTY. 25
(B) THE COURT MAY ORDER T HE OWNER TO RETURN P ROPERTY TO THE 26
JURISDICTION OF THE COURT. 27
13–627. 28
IN A PROCEEDING UNDER THIS SUBTITLE, A COURT MAY: 29 HOUSE BILL 1063 25
(1) GRANT REQUESTS FOR M ITIGATION OR REMISSI ON OF 1
FORFEITURE OR TAKE O THER ACTION THAT PRO TECTS THE RIGHTS OF INNOCENT 2
PERSONS, IS CONSISTENT WITH T HIS SUBTITLE, AND IS IN THE INTERE ST OF 3
JUSTICE; 4
(2) RESOLVE CLAIMS ARISI NG UNDER THIS SUBTIT LE; AND 5
(3) TAKE APPROPRIATE MEA SURES TO SAFEGUARD A ND MAINTAIN 6
PROPERTY FORFEITED U NDER THIS SUBTITLE P ENDING THE DISPOSITI ON OF THE 7
PROPERTY. 8
13–628. 9
(A) AFTER A FULL HEARING , IF THE COURT DETERMINES THAT THE 10
PROPERTY SHOULD NOT BE FORFEITED , THE COURT SHALL ORDE R THAT THE 11
PROPERTY BE RELEASED . 12
(B) SUBJECT TO § 13–629 OF THIS SUBTITLE , IF THE COURT DETERMI NES 13
THAT THE PROPERTY SH OULD BE FORFEITED , THE COURT SHALL ORDE R THAT THE 14
PROPERTY BE FORFEITED TO THE APP ROPRIATE GOVERNING B ODY. 15
(C) (1) IF THE COURT DETERMIN ES THAT THE FORFEITE D PROPERTY IS 16
SUBJECT TO A VALID L IEN CREATED WITHOUT ACTUAL KNOWLEDGE OF THE 17
LIENHOLDER THAT THE PROPERTY WAS BEING O R WAS TO BE USED IN VIOLATION 18
OF § 9–804 OF THE CRIMINAL LAW ARTICLE, THE COURT SHALL ORDE R THAT THE 19
PROPERTY BE RELEASED WITHIN 5 DAYS TO THE FIRST PR IORITY LIENHOLDER . 20
(2) THE LIENHOLDER SHALL SELL THE PROPERTY IN A 21
COMMERCIALLY REASONA BLE MANNER . 22
(3) THE PROCEEDS OF THE S ALE SHALL BE APP LIED AS FOLLOWS : 23
(I) TO THE COURT COSTS O F THE FORFEITURE PRO CEEDING; 24
(II) TO THE BALANCE DUE T HE LIENHOLDER , INCLUDING ALL 25
REASONABLE COSTS INC IDENT TO THE SALE ; 26
(III) TO PAYMENT OF ALL OT HER EXPENSES OF THE 27
PROCEEDINGS FOR FORF EITURE, INCLUDING EXPENSES OF SEIZU RE OR 28
MAINTENANCE OF CUSTO DY; AND 29
(IV) TO THE GENERAL FUND OF THE STATE OR OF THE 30
POLITICAL SUBDIVISIO N THAT SEIZED THE PR OPERTY. 31 26 HOUSE BILL 1063
13–629. 1
IF PROPERTY IS FORFEI TED UNDER THIS SUBTI TLE, THE GOVERNING BODY 2
WHERE THE PROPERTY W AS SEIZED MAY: 3
(1) KEEP THE PROPERTY FO R OFFICIAL USE; 4
(2) REQUIRE AN APPROPRIA TE UNIT TO TAKE CUST ODY OF THE 5
PROPERTY AND DESTROY OR OTHERWISE DISPOSE OF IT; OR 6
(3) SELL THE PROPERTY IF : 7
(I) THE LAW DOES NOT REQ UIRE THE PROPERTY TO BE 8
DESTROYED; AND 9
(II) THE PROPERTY IS NOT HARMFUL TO THE PUBLI C. 10
13–630. 11
(A) THE PROCEEDS FROM A S ALE OR THE RETENTION OF PROPERTY 12
DECLARED TO BE FORFE ITED AND ANY INTERES T ACCRUED SHALL BE A PPLIED 13
FIRST TO THE PROPER EXPENSES OF THE PROC EEDING FOR FORFEITUR E AND 14
RESULTING SALE , INCLUDING THE EXPENS E OF SEIZING AND MAI NTAINING 15
CUSTODY OF THE PROPE RTY AND ADVERTISING . 16
(B) ANY BALANCE REMAINING AFTER THE DISTRIBUTI ON REQUIRED UNDER 17
SUBSECTION (A) OF THIS SECTION SHAL L BE DISTRIBUTED TO THE GENERAL FUND 18
OF THE STATE OR OF THE POLIT ICAL SUBDIVISION THA T SEIZED THE PROPERT Y. 19
13–631. 20
A SALE OF PROPERTY ORD ERED UNDER THIS SUBT ITLE SHALL BE MADE F OR 21
CASH AND GIVES THE P URCHASER CLEAR AND A BSOLUTE TITLE. 22
13–632. 23
(A) BEFORE EXERCISING THE RIGHT TO SELL PROPER TY THAT HAS BEEN 24
SEIZED UNDER THIS SU BTITLE, A LIENHOLDER SHALL G IVE TO THE FORFEITIN G 25
AUTHORITY: 26
(1) WRITTEN NOTICE OF TH E INTENTION TO SELL ; 27
(2) COPIES OF DOCUMENTS GIVING RISE TO THE L IEN; AND 28
HOUSE BILL 1063 27
(3) AN AFFIDAVIT UNDER O ATH BY THE LIENHOLDE R STATING: 1
(I) THAT THE UNDERLYING OBLIGATION IS IN DEF AULT; AND 2
(II) THE REASONS FOR THE DEFAULT. 3
(B) ON REQUEST OF THE LIE NHOLDER, THE FORFEITING AUTHO RITY SHALL 4
RELEASE THE PROPERTY TO THE LIENHOLDER . 5
13–633. 6
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE LAW 7
GOVERNING THE SALE O F COLLATERAL SECURIN G AN OBLIGATION IN D EFAULT 8
GOVERNS A LIENHOLDER ’S REPOSSESSION AND S ALE OF PROPERTY THAT HAS BEEN 9
SEIZED UNDER THIS SU BTITLE. 10
(B) A LIENHOLDER MAY NOT B E REQUIRED TO TAKE P OSSESSION OF THE 11
PROPERTY BEFORE THE SALE OF THE PROPERTY . 12
13–634. 13
(A) ANY PART OF THE PROCE EDS FROM A SALE OF P ROPERTY THAT HAS 14
BEEN SEIZED UNDER TH IS SUBTITLE THAT WOU LD BE PAID TO AN OWN ER OF THE 15
PROPERTY UNDER THE A PPLICABLE LAW RELATI NG TO DISTRIBUTION O F 16
PROCEEDS SHALL BE: 17
(1) PAID TO THE SEIZING AUTHORITY; AND 18
(2) PROPERTY SUBJECT TO FORFEITURE. 19
(B) IF AN ORDER OF FORFEI TURE IS NOT ENTERED , THE STATE SHALL 20
RETURN TO THE OWNER THAT PART OF THE PRO CEEDS AND ANY COSTS OF THE 21
FORFEITURE PROCEEDIN GS PAID FROM T HE PROCEEDS OF THE S ALE. 22
13–635. 23
(A) IF THE INTEREST OF TH E OWNER IN PROPERTY THAT HAS BEEN SEIZED 24
UNDER THIS SUBTITLE IS REDEEMED, THE LIENHOLDER SHALL MAIL A NOTICE OF 25
THE REDEMPTION TO TH E FORFEITING AUTHORI TY WITHIN 10 DAYS AFTER THE 26
REDEMPTION . 27
(B) (1) IF PROPERTY THAT HAS BEEN SEIZED UNDER TH IS SUBTITLE HAS 28
BEEN REPOSSESSED OR OTHERWISE LAWFULLY T AKEN BY THE LIENHOLD ER, THE 29 28 HOUSE BILL 1063
LIENHOLDER SHALL RET URN THE PROPERTY TO THE SEIZING AUTHORIT Y WITHIN 1
21 DAYS AFTER THE REDEM PTION. 2
(2) THE SEIZING AUTHO RITY AND THE FORFEIT ING AUTHORITY MAY 3
THEN PROCEED WITH TH E FORFEITURE OF THE PROPERTY OR THE PROC EEDS FROM 4
THE SALE OF THE PROP ERTY. 5
(C) TIME LIMITATIONS REQU IRED UNDER THIS SUBT ITLE FOR NOTICE AND 6
FILING OF THE COMPLA INT FOR FORFEITURE R UN FROM THE DAT E OF REDEMPTION 7
OR PURCHASE OF THE P ROPERTY THAT HAS BEE N SEIZED UNDER THIS SUBTITLE. 8
13–636. 9
THIS SUBTITLE DOES NO T PROHIBIT A LIENHOL DER FROM EXERCISING 10
RIGHTS UNDER APPLICA BLE LAW, INCLUDING THE RIGHT TO SELL PROPERTY THA T 11
HAS BEEN SEIZED UNDE R THIS SUBTITLE, IF A DEFAULT OCCURS IN THE 12
OBLIGATION GIVING RI SE TO THE LIEN. 13
13–637. 14
(A) IN AN ACTION BROUGHT UNDER THIS SUBTITLE , THE STATE MAY FILE 15
WITH THE CLERK OF TH E COURT A CERTIFICAT E STATING THAT THE C ASE IS OF 16
SPECIAL PUBLIC IMPOR TANCE. 17
(B) THE CLERK OF THE COURT S HALL IMMEDIATELY FUR NISH A COPY OF A 18
CERTIFICATE FILED UN DER SUBSECTION (A) OF THIS SECTION TO T HE CHIEF 19
JUSTICE OF THE SUPREME COURT OF MARYLAND OR THE CHIEF JUSTICE’S 20
DESIGNEE. 21
(C) ON RECEIPT OF A CERTI FICATE FILED UNDER S UBSECTION (A) OF THIS 22
SECTION, THE CHIEF JUSTICE OR THE CHIEF JUSTICE’S DESIGNEE SHALL 23
IMMEDIATELY DESIGNAT E A JUDGE TO HEAR AN D DETERMINE THE CASE . 24
(D) THE JUDGE DESIGNATED UNDER SUBSECTION (C) OF THIS SECTION 25
SHALL PROMPTLY ASSIG N THE CASE FOR HEARI NG, PARTICIPATE IN THE HEARINGS 26
AND DETERMINATION , AND CAUSE THE CASE T O BE EXPEDITED . 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2024. 29