WES MOORE, Governor Ch. 934
– 1 –
Chapter 934
(House Bill 1063)
AN ACT concerning
Criminal Organizations – Criminal Prohibitions, Civil Actions, and Forfeiture
Underlying Crime
FOR the purpose of establishing the statute of limitations for a certain civil action for
damages resulting from certain participation in a criminal organization; altering
certain definitions of “criminal organization” and “underlying crime”; authorizing the
filing of and establishing procedures for a civil action for injunctive relief and
damages arising out of certain participation in a criminal organization; establishing
procedures for the forfeiture of property connected to certain altering the definition
of “underlying crime” that is applicable to certain prohibitions against participation
in a criminal organization; and generally relating to criminal organizations.
BY adding to
Article – Courts and Judicial Proceedings
Section 5–122
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 9–801
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Criminal Law
Section 9–804
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – Criminal Law
Section 9–808
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – Criminal Procedure
Section 13–601 through 13–637 to be under the new subtitle “Subtitle 6. Violations
of the Criminal Organizations Law”
Annotated Code of Maryland Ch. 934 2024 LAWS OF MARYLAND
– 2 –
(2018 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
5–122.
A CIVIL ACTION FOR DAM AGES RESULTING FROM PARTICIPATION IN A
CRIMINAL ORGANIZATIO N BROUGHT UNDER § 9–808 OF THE CRIMINAL LAW
ARTICLE SHALL BE BROUGHT WITHIN 5 YEARS AFTER THE COND UCT IN VIOLATION
OF § 9–804 OF THE CRIMINAL LAW ARTICLE TERMINATES .
Article – Criminal Law
9–801.
(a) In this subtitle the following words have the meanings indicated.
(b) “Coerce” means to compel or attempt to compel another by threat of harm or
other adverse consequences.
(c) “Criminal organization” means an enterprise, INCLUDING AN INFORMA L
ASSOCIATION, whose members:
(1) individually or collectively engage in a pattern of organized crime
activity;
(2) have as one of their primary objectives or activities the commission of
one or more underlying crimes, including acts by juveniles that would be underlying crimes
if committed by adults; and
(3) have in common an overt or covert organizationa l or command
structure.
(d) “Enterprise” includes:
(1) a sole proprietorship, partnership, corporation, business trust, or other
legal entity; or
(2) any group of individuals associated in fact although not a legal entity.
(e) “Pattern of organized crime activity” means the commission of, attempted
commission of, conspiracy to commit, or solicitation of two or more underlying crimes or WES MOORE, Governor Ch. 934
– 3 –
acts by a juvenile that would be an underlying crime if committed by an adult, provided the
crimes or acts were not part of the same incident.
(f) “Solicit” has the meaning stated in § 11–301 of this article.
(g) “Underlying crime” means:
(1) a crime of violence as defined under § 14–101 of this article;
(2) a violation of § 3–203 (second degree assault), § 3–1102 (sex trafficking),
§ 3–1103 (forced marriage), § 4–203 (wearing, carrying, or transporting a handgun), §
4–204 (USE OF A FIREARM IN THE COMMISSION OF A CRIME), §
7–113 (embezzlement by fiduciary), or § 7–315 (theft – telecommunications–related) of this
article, § 9–102 (subornation of perjury), § 9–202(a) (bribery of juror), § 9–302 (inducing
false testimony or avoidance of subpoena), § 9–303 (retaliation for testimony), § 9–305
(intimidating or corrupting juror), § 9–306 (obstruction of justice), § 9–307 (destruction of
evidence), § 9–412 (CONTRABAND – IN GENERAL), § 9–413 (contraband – for escape), §
9–416 (contraband – controlled dangerous substance), or § 9–417 (contraband –
telecommunications–related) of this title, or § 11–304 (receiving earnings of prostitute), §
11–307 (house of prostitution), or § 12–104 (gaming offenses) of this article;
(3) a felony violation of § 3–701 (extortion), § 4–503 (manufacture or
possession of destructive device), § 5–602 (distribution of CDS), § 5–603 (manufacturing
CDS or equipment), § 5–604(b) (creating or possessing a counterfeit substance), § 5–606
(false prescription), § 6–103 (second degree arson), § 6–202 (first degree burglary), § 6–203
(second degree burglary), § 6–204 (third degree burglary), § 7–104 (theft), or § 7–105
(unauthorized use of a motor vehicle) of this article;
(4) a felony violation of § 5–133 of the Public Safety Article;
(5) THE COMMON LAW MISDE MEANOR OF MISCONDUCT IN OFFICE;
(6) FRAUD AND RELATED CR IMES UNDER A FELONY VIOLATION O F
TITLE 8 OF THIS ARTICLE (FRAUD AND RELATED CR IMES);
(7) (6) BRIBERY UNDER SUBTITLE 2 OF THIS TITLE;
(8) (7) FALSE STATEMENTS UND ER SUBTITLE 5 OF THIS TITLE;
(9) (8) IMPERSONATING A POLI CE OFFICER UNDER § 3–502 OF THE
PUBLIC SAFETY ARTICLE;
(10) (9) THREAT OF MASS VIOLE NCE UNDER TITLE 3, SUBTITLE 10
OF THIS ARTICLE;
Ch. 934 2024 LAWS OF MARYLAND
– 4 –
(11) (10) INDECENCY AND OBSCEN ITY UNDER TITLE 11, SUBTITLE 1
OR SUBTITLE 2 A VIOLATION OF § 11–207 OR § 11–208 OF THIS ARTICLE (CHILD
PORNOGRAPHY );
(12) (11) INSURANCE FRAUD UNDE R A FELONY VIOLATION O F TITLE
27, SUBTITLE 4 OF THE INSURANCE ARTICLE (INSURANCE FRAUD );
(13) A VIOLATION OF THE MARYLAND CONSUMER PROTECTION ACT
UNDER TITLE 13 OF THE COMMERCIAL LAW ARTICLE;
(14) (12) REMOVAL OR FALSIFICATION OF VEH ICLE IDENTIFICATION
NUMBER UNDER § 14–107 OF THE TRANSPORTATION ARTICLE;
(15) (13) ABUSE OR NEGLECT OF A VULNERABLE ADULT U NDER §
3–604 OR § 3–605 OF THIS ARTICLE;
[(5)] (16) (14) a crime under the laws of another state or of the United
States that would be a crime listed in items (1) through [(4)] (15) (13) of this subsection if
committed in this State; or
[(6)] (17) (15) the attempted commission of, conspiracy to commit, or
solicitation of a crime or act listed in items (1) through [(5)] (16) (14) of this subsection.
9–804.
(a) A person may not:
(1) participate in a criminal organization knowing that the members of the
criminal organization engage in a pattern of organized crime activity; and
(2) knowingly and willfully direct or participate in an underlying crime, or
act by a juvenile that would be an underlying crime if committed by an adult, committed
for the benefit of, at the direction of, or in association with a criminal organization.
(b) A criminal organization or an individual belonging to a criminal organization
may not:
(1) receive proceeds known to have been derived directly or indirectly from
an underlying crime; and
(2) use or invest, directly or indirectly, an aggregate of $10,000 or more of
the proceeds from an underlying crime in:
(i) the acquisition of a title to, right to, interest in, or equity in real
property; or WES MOORE, Governor Ch. 934
– 5 –
(ii) the establishment or operation of any enterprise.
(c) A criminal organization may not acquire or maintain, directly or indirectly,
any interest in or control of any enterprise or real property through an underlying crime.
(d) A person may not conspire to violate subsection (a), (b), or (c) of this section.
(e) A person may not violate subsection (a) of this section that results in the death
of a victim.
(f) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a
person who violates this section is guilty of a felony and on conviction is subject to
imprisonment not exceeding 15 years or a fine not exceeding $1,000,000 or both.
(ii) A person who violates subsection (e) of this section is guilty of a
felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not
exceeding $5,000,000 or both.
(2) (i) A sentence imposed under paragraph (1)(i) of this subsection for
a first offense may be separate from and consecutive to or concurrent with a sentence for
any crime based on the act establishing a violation of this section.
(ii) A sentence imposed under paragraph (1)(i) of this subsection for
a second or subsequent offense, or paragraph (1)(ii) of this subsection shall be separate from
and consecutive to a sentence for any crime based on the act establishing a violation of this
section.
(iii) A consecutive sentence for a second or subsequent offense shall
not be mandatory unless the State notifies the person in writing of the State’s intention to
proceed against the person as a second or subsequent offender at least 30 days before trial.
(3) In addition to the other penalties provided in this subsection, on
conviction the court may:
(i) order a person or criminal organization to be divested of any
interest in an enterprise or real property;
(ii) order the dissolution or reorganization of an enterprise; and
(iii) order the suspension or revocation of any license, permit, or prior
approval granted to the enterprise or person by a unit of the State or a political subdivision
of the State.
(g) (1) This subsection applies to a violation of § 5–602, § 5–603, § 5–604(b), §
5–606, § 5–612, § 5–613, § 5–614, or § 5–617 of this article. Ch. 934 2024 LAWS OF MARYLAND
– 6 –
(2) Assets divested under this section and derived from the commission of,
attempted commission of, conspiracy to commit, or solicitation of a crime described in
paragraph (1) of this subsection, either in whole or in part:
(i) if the State investigated and prosecuted a violation described in
paragraph (1) of this subsection, shall be deposited in the Addiction Treatment Divestiture
Fund established under § 8–6D–01 of the Health – General Article; or
(ii) if a local jurisdiction investigated and prosecuted a violation
described in paragraph (1) of this subsection, shall be used by the local jurisdiction:
1. to support alternatives to incarceration, reentry programs,
and addiction treatment services for persons with substance–related disorders;
2. to combat criminal organizations through education,
training, and resources; or
3. to provide assistance to victims of criminal
organization–related crimes; and
(iii) if more than one jurisdiction participated in an investigation or
a prosecution of a violation described in paragraph (1) of this subsection, shall be divided
in the manner agreed on by the jurisdictions and used as provided in item (i) or (ii) of this
paragraph.
(h) A person may be charged with a violation of this section only by indictment,
criminal information, or petition alleging a delinquent act.
(i) (1) The Attorney General, at the request of the Governor or the State’s
Attorney for a county in which a violation or an act establishing a violation of this section
occurs, may:
(i) aid in the investigation of the violation or act; and
(ii) prosecute the violation or act.
(2) In exercising authority under paragraph (1) of this subsection, the
Attorney General has all the powers and duties of a State’s Attorney, including the use of
the grand jury in the county, to prosecute the violation.
(3) Notwithstanding any other provision of law, in circumstances in which
violations of this section are alleged to have been committed in more than one county, the
respective State’s Attorney of each county, or the Attorney General, may join the causes of
action in a single complaint with the consent of each State’s Attorney having jurisdiction
over an offense sought to be joined. WES MOORE, Governor Ch. 934
– 7 –
(j) Notwithstanding any other provision of law and provided at least one criminal
organization activity of a criminal organization allegedly occurred in the county in which a
grand jury is sitting, the grand jury may issue subpoenas, summon witnesses, and
otherwise conduct an investigation of the alleged criminal organization’s activities and
offenses in other counties.
9–808.
(A) AN AGGRIEVED PERSON O R THE STATE MAY FILE A COMP LAINT IN
CIRCUIT COURT TO ENJ OIN A VIOLATION OF § 9–804 OF THIS SUBTITLE.
(B) A COURT MAY, AFTER MAKING DUE PRO VISIONS FOR THE RIGH TS OF
INNOCENT PERSONS , GRANT A COMPLAINT FI LED UNDER SUBSECTION (A) OF THIS
SECTION BY ISSUING A PPROPRIATE ORDERS AN D JUDGMENTS , INCLUDING:
(1) ORDERING A DEFENDANT TO DIVEST ANY INTERE ST IN AN
ENTERPRISE, REAL PROPERTY , OR PERSONAL PROPERTY ;
(2) IMPOSING REASONABLE RESTRICTIONS ON THE FUTURE
ACTIVITIES OR INVESTMENTS OF A DEFENDANT , INCLUDING PROHIBITIN G THE
DEFENDANT FROM ENGAG ING IN THE SAME TYPE OF ENDEAVOR AS THE
ENTERPRISE IN WHICH THE DEFENDANT WAS EN GAGED IN VIOLATION O F § 9–804 OF
THIS SUBTITLE;
(3) ORDERING THE DISSOLU TION OR REORGANIZATI ON OF AN
ENTERPRISE;
(4) ORDERING THE SUSPENS ION OR REVOCATION OF A LICENSE,
PERMIT, OR PRIOR APPROVAL GR ANTED TO AN ENTERPRI SE BY A STATE AGENCY ;
AND
(5) ORDERING THE FORFEIT URE OF THE CHARTER O F A
CORPORATION ORGANIZE D UNDER STATE LAW , OR THE REVOCAT ION OF
AUTHORIZATION FOR A FOREIGN CORPORATION TO CONDUCT BUSINESS IN THE
STATE, ON A FINDING THAT :
(I) THE BOARD OF DIRECTO RS OR A MANAGERIAL A GENT
ACTING ON BEHALF OF THE CORPORATION , IN CONDUCTING AFFAIR S OF THE
CORPORATION , HAS AUTHORIZED OR EN GAGED IN CONDUCT IN VIOLATION OF §
9–804 OF THIS SUBTITLE ; AND
(II) FOR THE PREVENTION O F FUTURE CRIMINAL AC TIVITY, THE
PUBLIC INTEREST REQU IRES THAT THE CHARTE R OF THE CORPORATION BE Ch. 934 2024 LAWS OF MARYLAND
– 8 –
FORFEITED AND THAT T HE CORPORATION BE DISSOLVED OR ITS AUTHORIZATION
TO CONDUCT BUSINESS IN THE STATE BE REVOKED .
(C) (1) IN AN ACTION UNDER TH IS SECTION, THE COURT SHALL GRAN T
RELIEF IN CONFORMITY WITH THE PRINCIPLES THAT GOVERN THE GRAN TING OF
INJUNCTIVE RELIEF FR OM THREATENED LOSS O R DAMAGE IN OTHER CIVI L CASES,
IF NO SHOWING OF SPE CIAL OR IRREPARABLE DAMAGE TO THE PLAINT IFF IS MADE.
(2) ON THE EXECUTION OF P ROPER BOND AGAINST D AMAGES FOR AN
INJUNCTION IMPROVIDE NTLY GRANTED AND A S HOWING OF IMMEDIATE DANGER OF
SIGNIFICANT LOSS OR DAMAGE, THE COURT MAY ISSUE A TEMPORARY RESTRAIN ING
ORDER AND A PRELIMIN ARY INJUNCTION BEFOR E A FINAL DETERMINAT ION ON THE
MERITS.
(D) A PERSON WHO IS INJURE D AS A RESULT OF A V IOLATION OF § 9–804 OF
THIS SUBTITLE:
(1) HAS A CIVIL CAUSE OF ACTION AGAINST THE VIOLATOR FOR
THREE TIMES THE ACTU AL DAMAGES SUSTAINED AND, WHERE APPROPRIATE ,
PUNITIVE DAMAGES ; AND
(2) IS ENTITLED TO RECOV ER ATTORNEY ’S FEES IN THE TRIAL AND
APPELLATE COURTS AND COSTS OF INVESTIGATI ON AND LITIGATION RE ASONABLY
INCURRED.
(E) THE PLAINTIFF OR DEFE NDANT MAY DEMAND A J URY TRIAL IN ANY
CIVIL ACTION BROUGHT UNDER THIS SECTION .
(F) A CRIMINAL CONVICTION FOR A VIOLATION OF § 9–804 OF THIS
SUBTITLE SHALL ESTOP THE DEFENDANT IN ANY SUBSEQUENT CIVIL ACT ION UNDER
THIS SUBTITLE OR CIVIL FORFEITURE PRO CEEDING UNDER TITLE 13, SUBTITLE 6
OF THE CRIMINAL PROCEDURE ARTICLE AS TO ALL MAT TERS PROVED IN THE
CRIMINAL PROCEEDING .
(G) (1) THE APPLICATION OF ON E CIVIL REMEDY UNDER THIS SECTION
DOES NOT PRECLUDE TH E APPLICATION OF ANY OTHER CIVIL OR CRIMINAL REME DY
FOR A VIOLATION OF § 9–804 OF THIS SUBTITLE.
(2) CIVIL REMEDIES UNDER THIS SECTION ARE SUP PLEMENTAL TO
ANY OTHER REMEDY AVA ILABLE.
Article – Criminal Procedure
WES MOORE, Governor Ch. 934
– 9 –
SUBTITLE 6. VIOLATIONS OF THE CRIMINAL ORGANIZATIONS LAW.
13–601.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “CHIEF EXECUTIVE OFFIC ER” MEANS:
(1) FOR BALTIMORE CITY, THE MAYOR;
(2) FOR A CHARTER COUNTY , THE COUNTY EXECUTIVE OR, IF THERE
IS NO COUNTY EXECUTI VE, THE COUNTY COUNCIL ;
(3) FOR A CODE COUNTY , THE COUNTY COMMISSIO NERS;
(4) FOR A COMMISSION COU NTY, THE COUNTY COMMISSIO NERS; OR
(5) FOR A MUNICIPAL CORP ORATION, THE LEGISLATIVE BODY
ESTABLISHED BY MUNIC IPAL CHARTER.
(C) “CONVICTED” MEANS FOUND GUILTY .
(D) “CRIMINAL ORGANIZATIONS LAW ” MEANS TITLE 9, SUBTITLE 8 OF THE
CRIMINAL LAW ARTICLE.
(E) “FINAL DISPOSITION ” MEANS DISMISSAL , ENTRY OF A NOLLE
PROSEQUI, MARKING OF A CRIMINA L CHARGE “STET” ON THE DOCKET , ENTRY OF A
NOT GUILTY VERDICT , PRONOUNCEMENT OF SEN TENCE, OR IMPOSITION OF
PROBATION UNDER § 6–220 OF THIS ARTICLE.
(F) “FORFEITING AUTHORITY ” MEANS:
(1) THE UNIT OR PERSON D ESIGNATED BY AGREEME NT BETWEEN THE
STATE’S ATTORNEY FOR A COUNTY AND THE CHIEF EXECUT IVE OFFICER OF THE
GOVERNING BODY HAVIN G JURISDICTIO N OVER ASSETS SUBJEC T TO FORFEITURE
TO ACT ON BEHALF OF THE GOVERNING BODY R EGARDING THOSE ASSET S; OR
(2) IF THE SEIZING AUTHO RITY IS A UNIT OF TH E STATE, A UNIT OR
PERSON THAT THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE
DESIGNATES BY AGREEM ENT WITH A STATE’S ATTORNEY, COUNTY ATTORNEY , OR
MUNICIPAL ATTORNEY T O ACT ON BEHALF OF T HE STATE REGARDING ASSET S
SUBJECT TO FORFEITUR E BY THE STATE.
Ch. 934 2024 LAWS OF MARYLAND
– 10 –
(G) “GOVERNING BODY ” INCLUDES:
(1) THE STATE, IF THE SEIZING AUTHO RITY IS A UNIT OF THE STATE;
(2) A COUNTY, IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY;
(3) A MUNICIPAL CORPORAT ION, IF THE SEIZING AUTHO RITY IS A
UNIT OF A MUNICIPALI TY; AND
(4) BALTIMORE CITY, IF THE SEIZING AUTHO RITY IS THE BALTIMORE
POLICE DEPARTMENT .
(H) “LIEN” INCLUDES A MORTGAGE , A DEED OF TRUST , A PLEDGE, A
SECURITY INTEREST , AN ENCUMBRANCE , AND A RIGHT OF SETOF F.
(I) “LIENHOLDER” MEANS A PERSON WHO H AS A LIEN OR A SECUR ED
INTEREST ON PROPERTY CREATED BEFORE THE S EIZURE.
(J) “LOCAL FINANCIAL AUTHO RITY” MEANS:
(1) IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY, THE
TREASURER OR DIRECTO R OF FINANCE OF THE COUNTY; OR
(2) IF THE SEIZING AUTHO RITY IS A UNIT OF A MUNICIPAL
CORPORATION , THE TREASURER OR DIR ECTOR OF FINANCE OF THE MUNICIPAL
CORPORATION .
(K) (1) “OWNER” MEANS A PERSON HAVIN G A LEGAL, EQUITABLE, OR
POSSESSORY INTEREST IN PROPERTY.
(2) “OWNER” INCLUDES:
(I) A CO–OWNER;
(II) A LIFE TENANT;
(III) A REMAINDERMAN TO A LIFE TENANCY IN REAL PROPERTY;
(IV) A HOLDER OF AN INCHO ATE INTEREST IN REAL PRO PERTY;
AND
(V) A BONA FIDE PURCHASE R FOR VALUE.
WES MOORE, Governor Ch. 934
– 11 –
(L) “PROCEEDS” MEANS PROFITS DERIVE D FROM A VIOLATION O F THE
CRIMINAL ORGANIZATIONS LAW OR PROPERTY OBTAINED DI RECTLY OR
INDIRECTLY FROM THOS E PROFITS.
(M) (1) “PROPERTY” INCLUDES:
(I) REAL PROPERTY AND AN YTHING GROWING ON OR
ATTACHED TO REAL PRO PERTY;
(II) MOTOR VEHICLES ; AND
(III) MONEY.
(2) “PROPERTY” DOES NOT INCLUDE :
(I) AN ITEM UNLAWFULLY I N THE POSSESSION OF A PERSON
OTHER THAN THE OWNER WHEN USED IN CONNEC TION WITH A VIOLATIO N OF THE
CRIMINAL ORGANIZATIONS LAW ; OR
(II) A LESSOR’S INTEREST IN PROPER TY SUBJECT TO A BONA
FIDE LEASE, UNLESS THE FORFEITIN G AUTHORITY CAN SHOW THAT THE LESSOR
PARTICIPATED IN A VI OLATION OF THE CRIMINAL ORGANIZATIONS LAW OR THAT
THE PROPERTY WAS THE PROCEEDS OF A VIOLAT ION OF THE CRIMINAL
ORGANIZATIONS LAW .
(N) (1) “REAL PROPERTY ” MEANS LAND OR AN IMP ROVEMENT TO LAND .
(2) “REAL PROPERTY ” INCLUDES:
(I) A LEASEHOLD OR ANY O THER LIMITED INTERES T IN
PROPERTY;
(II) AN EASEMENT; AND
(III) A REVERSIONARY INTER EST IN A 99–YEAR GROUND LEASE
RENEWABLE FOREVER .
(O) “SEIZING AUTHORITY ” MEANS A LAW ENFORCEM ENT UNIT IN THE
STATE THAT IS AUTHORI ZED TO INVESTIGATE V IOLATIONS OF THE CRIMINAL
ORGANIZATIONS LAW AND THAT HAS SEIZED PROPERTY UNDER T HIS SUBTITLE.
13–602.
THE FOLLOWING ARE SUB JECT TO FORFEITURE : Ch. 934 2024 LAWS OF MARYLAND
– 12 –
(1) EXCEPT AS PROVIDED I N § 13–603 OF THIS SUBTITLE , A MOTOR
VEHICLE USED IN CONN ECTION WITH A VIOLAT ION OF AND CONVICTIO N UNDER §
9–804 OF THE CRIMINAL LAW ARTICLE;
(2) MONEY USED IN CONNEC TION WITH A VIOLATIO N OF AND
CONVICTION UNDER THE CRIMINAL ORGANIZATIONS LAW , FOUND IN CLOSE
PROXIMITY TO OR AT T HE SCENE OF THE ARRE ST FOR A VIOLATION O F THE
CRIMINAL ORGANIZATIONS LAW ; AND
(3) EXCEPT AS PROVIDED I N § 13–603 OF THIS SUBTITLE , REAL
PROPERTY USED IN CON NECTION WITH A VIOLA TION OF AND CONVICTI ON UNDER §
9–804 OF THE CRIMINAL LAW ARTICLE.
13–603.
(A) PROPERTY OR AN INTERE ST IN PROPERTY DESCR IBED IN § 13–602(1)
OR (3) OF THIS SUBTITLE MAY NOT BE FORFEITED IF THE OWNER ESTABLISHES BY
A PREPONDERANCE OF T HE EVIDENCE THAT THE VIOLATION OF THE CRIMINAL
ORGANIZATIONS LAW WAS COMMITTED WITHOUT TH E OWNER ’S ACTUAL
KNOWLEDGE .
(B) (1) A MOTOR VEHICLE FOR HI RE IN THE TRANSACTIO N OF BUSINESS
AS A COMMON CARRIER OR A MOTOR VEHICLE FOR HIRE MAY NOT BE SEIZED OR
FORFEITED UNDER THIS SUBTITLE UNLESS IT A PPEARS THAT THE OWNE R OR OTHER
PERSON IN CHARGE OF THE MOTOR VEHICLE WA S A CONSENTING PARTY OR PRIVY
TO A VIOLATION OF TH E CRIMINAL ORGANIZATIONS LAW .
(2) A MOTOR VEHICLE MAY NOT BE FORFEITED UND ER THIS
SUBTITLE FOR AN ACT OR OMISSION THAT THE OWNER SHOWS WAS COMM ITTED OR
OMITTED BY A PERSON OTHER THAN THE OWNER WHILE THE PERSON OTH ER THAN
THE OWNER POSSESSED THE MOTOR VEHICLE IN CRIMINAL VIOLATION O F FEDERAL
LAW OR THE LAW OF ANY STATE.
(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION, REAL PROPERTY USED
AS THE PRINCIPAL FAM ILY RESIDENCE MAY NO T BE FORFEITED UNDER THIS
SUBTITLE UNLESS ONE OF THE OWNERS OF THE REAL PROPERTY WAS CO NVICTED
OF A VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE OR OF AN ATTE MPT OR
CONSPIRACY TO VIOLAT E § 9–804 OF THE CRIMINAL LAW ARTICLE.
(D) REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE BY
SPOUSES AND HELD BY THE SPOUSES AS TENAN TS BY THE ENTIRETY M AY NOT BE
FORFEITED UNLESS : WES MOORE, Governor Ch. 934
– 13 –
(1) THE PROPERTY WAS USED IN CO NNECTION WITH A VIOL ATION OF
§ 9–804 OF THE CRIMINAL LAW ARTICLE OR WITH AN AT TEMPT OR A CONSPIRAC Y
TO VIOLATE § 9–804 OF THE CRIMINAL LAW ARTICLE; AND
(2) BOTH SPOUSES ARE CON VICTED OF A VIOLATIO N OF § 9–804 OF
THE CRIMINAL LAW ARTICLE OR OF AN ATTEMPT OR CONSPIRACY TO VIO LATE §
9–804 OF THE CRIMINAL LAW ARTICLE.
13–604.
PERSONAL PROPERTY SUB JECT TO FORFEITURE U NDER THIS SUBTITLE M AY
BE SEIZED:
(1) ON A WARRANT ISSUED BY A COURT THAT HAS JURISDICTION
OVER THE PROPERTY ; AND
(2) WITHOUT A WARRANT WH EN:
(I) THE SEIZURE IS INCID ENT TO AN ARREST OR A SEARCH
UNDER A SEARCH WARRA NT;
(II) THE SEIZURE IS INCID ENT TO AN INSPECTION UNDER AN
ADMINISTRATIVE INSPE CTION WARRANT ;
(III) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE
SUBJECT OF A PRIOR J UDGMENT IN FAVOR OF THE STATE IN A CRIMINAL
INJUNCTION OR FORFEI TURE PROCEEDING UNDE R THIS SUBTITLE; OR
(IV) THERE IS PROBABLE CA USE TO BELIEVE THAT THE
PROPERTY IS DIRECTLY OR INDIRECTLY DANGER OUS TO HEALTH OR SAF ETY.
13–605.
(A) A SEIZING AUTHORITY TH AT SEIZES MONEY UNDE R THIS SUBTITLE
IMMEDIATELY SHALL :
(1) PHOTOGRAPH THE MONEY AND RECORD THE QUANT ITY OF EACH
DENOMINATION OF COIN OR CURRENCY SEIZED ; AND
(2) DEPOSIT THE MONEY TO THE ACCOUNT OF THE A PPROPRIATE
LOCAL FINANCIAL AUTHORITY .
Ch. 934 2024 LAWS OF MARYLAND
– 14 –
(B) A PHOTOGRAPH TAKEN UND ER SUBSECTION (A) OF THIS SECTION MAY
BE SUBSTITUTED FOR M ONEY AS EVIDENCE IN A CRIMINAL OR FORFEI TURE
PROCEEDING .
13–606.
(A) PROPERTY SEIZED UNDER THIS SUBTITLE:
(1) IS NOT REPLEVIABLE ; BUT
(2) IS IN THE CUSTODY OF TH E SEIZING AUTHORITY , SUBJECT ONLY
TO THE ORDERS , JUDGMENTS , AND DECREES OF THE C OURT OR THE OFFICIAL
HAVING JURISDICTION OVER THE PROPERTY .
(B) A SEIZING AUTHORITY MA Y PLACE SEIZED PROPE RTY UNDER SEAL AND
REMOVE THE PROPERTY TO A PLACE DESIGNATED BY THE COURT.
13–607.
(A) A SEIZING AUTHORITY MA Y SEIZE A MOTOR VEHI CLE USED IN
VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE AND RECOMMEND
FORFEITURE TO THE FO RFEITING AUTHORITY I F THE TOTAL CIRCUMST ANCES OF
THE CASE AS LISTED I N SUBSECTION (B) OF THIS SECTION DICT ATE THAT SEIZURE
AND FORFEITURE ARE J USTIFIED.
(B) CIRCUMSTANCES TO BE C ONSIDERED IN DECIDIN G WHETHER SEIZURE
AND FORFEITURE ARE J USTIFIED INCLUDE :
(1) EVIDENCE THAT THE MO TOR VEHICLE WAS ACQU IRED BY USE OF
PROCEEDS FROM A TRANSACTION I NVOLVING A VIOLATION OF § 9–804 OF THE
CRIMINAL LAW ARTICLE;
(2) THE CIRCUMSTANCES OF THE ARREST; AND
(3) THE WAY IN WHICH THE MOTOR VEHICLE WAS US ED.
13–608.
(A) THE CHIEF LAW ENFORCE MENT OFFICER OF THE SEIZING AUTHORITY
THAT SEIZES A MOTOR VEHIC LE USED IN VIOLATION OF § 9–804 OF THE CRIMINAL
LAW ARTICLE MAY RECOMMEND TO THE APPROPRIATE F ORFEITING AUTHORITY IN
WRITING THAT THE MOT OR VEHICLE BE FORFEI TED ONLY IF THE OFFI CER:
WES MOORE, Governor Ch. 934
– 15 –
(1) DETERMINES FROM THE RECORDS OF THE MOTOR VEHICLE
ADMINISTRATION THE NA MES AND ADDRESSES OF ALL REGISTERED OWNER S AND
SECURED PARTIES AS D EFINED IN STATE LAW;
(2) PERSONALLY REVIEWS T HE FACTS AND CIRCUMS TANCES OF THE
SEIZURE; AND
(3) PERSONALLY DETERMINE S, ACCORDING TO THE STA NDARDS
LISTED IN § 13–607 OF THIS SUBTITLE , AND REPRESENTS IN WR ITING THAT
FORFEITURE IS WARRAN TED.
(B) A SWORN AFFIDAVIT BY T HE CHIEF LAW ENFORCE MENT OFFICER THAT
THE OFFICER FOLLOWED THE REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION
IS ADMISSIBLE IN EVI DENCE IN A PROCEE DING UNDER THIS SUBT ITLE.
13–609.
(A) THE FORFEITING AUTHOR ITY SHALL SURRENDER THE MOTOR VEHICLE
ON REQUEST TO THE OW NER IF THE FORFEITIN G AUTHORITY DETERMIN ES,
INDEPENDENT OF THE D ECISION OF THE SEIZI NG AUTHORITY , THAT THE TOTAL
CIRCUMSTANCES OF THE CASE AS LISTED UNDER § 13–607(B) OF THIS SUBTITLE DO
NOT JUSTIFY FORFEITU RE.
(B) IN A PROCEEDING UNDER THIS SUBTITLE, THE COURT MAY DETERM INE,
BASED ON THE CIRCUMS TANCES LISTED IN § 13–607(B) OF THIS SUBTITLE ,
WHETHER THE SEIZING AUTHORITY OR FORFEIT ING AUTHORITY ABUSED ITS
DISCRETION OR WAS CL EARLY ERRONEOUS :
(1) IN RECOMMENDING THE FORFEITURE OF A MOTO R VEHICLE; OR
(2) IN NOT SURRENDERING ON REQUEST A MOTOR V EHICLE TO AN
OWNER.
13–610.
(A) (1) EXCEPT AS PROVIDED IN §§ 13–612 AND 13–613 OF THIS
SUBTITLE, AN OWNER OF SEIZED P ROPERTY WHO WISHES T O OBTAIN POSSESSION
OF THE PROPERTY , TO CONVEY AN INTERES T IN REAL PROPERTY , OR TO REMOVE A
BUILDING OR FIXTURE FROM REAL PROPERTY S HALL NOTIFY THE CLER K OF THE
PROPER COURT .
(2) IF FORFEITURE PROCEEDINGS HAVE BEG UN, THE PROPER COURT
IS THE COURT WHERE T HE PROCEEDINGS HAVE BEGUN.
Ch. 934 2024 LAWS OF MARYLAND
– 16 –
(3) IF CRIMINAL PROCEEDIN GS HAVE BEGUN BUT FO RFEITURE
PROCEEDINGS HAVE NOT BEGUN, THE PROPER COURT IS THE COURT WHERE THE
CRIMINAL PROCEEDINGS HAVE BEGUN.
(4) IF BOTH FORFEITURE PROC EEDINGS AND CRIMINAL
PROCEEDINGS HAVE NOT BEGUN, THE PROPER COURT IS THE CIRCUIT COURT FO R
THE COUNTY WHERE THE PROPERTY WAS SEIZED .
(B) (1) UNLESS THE FORFEITING AUTHORITY AND THE OW NER AGREE TO
A BOND IN ANOTHER AM OUNT, IF A MOTOR VEHICLE IS NOT NEEDE D FOR
EVIDENTIARY PURPOSES IN A JUDICIAL PROCEE DING:
(I) THE COURT SHALL APPR AISE THE VALUE OF TH E MOTOR
VEHICLE ON THE BASIS OF THE AVERAGE VALUE OF THE MOTOR VEHICLE SET
FORTH IN THE NATIONAL AUTOMOBILE DEALERS ASSOCIATION OFFICIA L USED
CAR GUIDE; OR
(II) IF THE OWNER SHOWS T HAT A LIEN IS ON THE MOTOR
VEHICLE AND THE OWNE R AGREES TO MAKE THE REQUIRED PAYMENTS TO THE
LIENHOLDER , THE COURT SHALL REQU IRE A BOND IN AN AMO UNT OF THE AVERAGE
VALUE OF THE MOTOR V EHICLE SET FORTH IN THE NATIONAL AUTOMOBILE
DEALERS ASSOCIATION OFFICIAL USED CAR GUIDE , LESS THE AMOUNT OWED ON
THE LIEN.
(2) FOR A MOTOR VEHICLE , THE COURT SHALL APPR AISE THE VALUE
IN THE MANNER PROVID ED IN THIS SUBSECTIO N AND PROVIDE THE AP PRAISAL IN
WRITING TO THE CLERK OF THE COURT.
(C) (1) IF PROPERTY OTHER THA N A MOTOR VEHICLE IS NOT NEEDED
FOR EVIDENTIARY PURP OSES IN A JUDICIAL P ROCEEDING, THE CLERK SHALL
OBTAIN AN INDEPENDEN T APPRAISAL OF THE V ALUE OF THE PROPERTY .
(2) THE SHERIFF OR OTHER PERSON RESPONSIBLE F OR AN
APPRAISAL UNDER THIS SUBSECTION SHALL PRO MPTLY:
(I) INSPECT AND APPRAISE THE VALUE OF THE PRO PERTY; AND
(II) RETURN THE APPRAISAL IN WRITING UNDER OAT H TO THE
CLERK OF THE COURT .
(D) NOTICE OF THE APPRAIS AL SHALL BE SENT TO ALL LIENHOLDERS
SHOWN IN THE RECORDS REQUIRED BY LAW FOR NOTICE OR THE PERFEC TION OF
THE LIEN. WES MOORE, Governor Ch. 934
– 17 –
(E) (1) ON THE FILING OF AN A PPRAISAL, THE OWNER MAY GIVE B OND
PAYABLE TO THE CLERK OF THE COURT IN AN A MOUNT EQUAL TO THE G REATER OF:
(I) THE APPRAISED VALUE OF THE PROPERTY PLUS ANY
ACCRUED COSTS ; OR
(II) THE AGGREGATE AMOUNT OF THE LIENS ON THE PROPERTY
THAT ARE SHOWN IN TH E RECORDS REQUIRED B Y LAW FOR THE NOTICE OR
PERFECTION OF LIENS .
(2) A PERSON MAY GIVE A BO ND UNDER THIS SUBSEC TION BY CASH,
THROUGH A SUR ETY, THROUGH A LIEN ON RE AL PROPERTY , OR BY OTHER MEANS
THAT THE CLERK APPRO VES.
(3) A BOND AUTHORIZED UNDE R THIS SUBSECTION SH ALL BE:
(I) CONDITIONED FOR PERF ORMANCE ON FINAL JUD GMENT BY
THE COURT;
(II) FILED IN THE DISTRICT COURT OR CIRCUIT COURT WHERE
THE CRIMINAL ACTION THAT GAVE RISE TO TH E SEIZURE IS PENDING ; AND
(III) UNLESS A COMPLAINT F OR FORFEITURE HAS BE EN FILED,
PART OF THE SAME CRI MINAL PROCEEDING .
(4) IF A CRIMINAL ACTION IS NOT PENDING OR A FORFEITURE
COMPLAINT HAS NOT BE EN FILED, THE BOND SHALL BE FI LED IN THE CIRCUIT
COURT OR DISTRICT COURT WHERE THE PROPE RTY WAS SEIZED.
(F) (1) IF THE COURT ORDERS T HAT PROPERTY OR AN I NTEREST OR
EQUITY IN THE PROPER TY OR PROCEEDS BE FO RFEITED UNDER THIS S UBTITLE, THE
COURT SHALL ENTER JUDGMENT IN THE AMOU NT OF THE BOND AGAIN ST THE
OBLIGORS ON THE BOND WITHOUT FURTHER PROC EEDINGS.
(2) PAYMENT OF THE AMOUNT OF THE BOND SHALL BE APPLIED AS
PROVIDED UNDER § 13–628(C)(3) OF THIS SUBTITLE.
13–611.
SEIZURE OF REAL PROPE RTY OCCURS ON THE EARLIER OF THE FILIN G OF:
(1) A COMPLAINT FOR FORF EITURE UNDER THIS SU BTITLE; OR
Ch. 934 2024 LAWS OF MARYLAND
– 18 –
(2) A NOTICE OF PENDING LITIGATION IN THE CI RCUIT COURT OF THE
COUNTY WHERE THE REA L PROPERTY IS LOCATE D.
13–612.
(A) SUBJECT TO THE RIGHTS OF A LIENHOLDER TO S ELL THE REAL
PROPERTY, AN OWNER OR AN OWNER ’S TENANT MAY REMAIN IN POSSESSION OF
SEIZED REAL PROPERTY UNTIL FORFEITURE IS ORDERED.
(B) THE FORFEITING AUTHOR ITY MAY APPLY TO THE COURT FOR THE
APPOINTMENT OF A REC EIVER TO APPLY INCOM E FROM INCOME –PRODUCING
PROPERTY.
(C) IF A PERSON WHO IS AN OWNER OR AN OWNER ’S TENANT REMAINS IN
POSSESSION OF THE RE AL PROPERTY AND THE PERSON’S INTEREST IN THE RE AL
PROPERTY IS FORFEITE D, THE PERSON IMMEDIATE LY SHALL SURRENDER T HE REAL
PROPERTY TO THE SEIZ ING AUTHORITY IN SUB STANTIALLY THE SAME CO NDITION
AS WHEN SEIZED .
13–613.
(A) THIS SECTION DOES NOT APPLY IF:
(1) AN ACT IS AGREED TO BY A FORFEITING AUTH ORITY OR IS
ORDERED BY THE COURT ; OR
(2) AN OWNER POSTS A BON D UNDER § 13–610 OF THIS SUBTITLE.
(B) UNTIL THE COURT ENTERS JUDGMEN T IN FAVOR OF THE OW NER, AN
OWNER MAY NOT ATTEMP T TO:
(1) CONVEY OR ENCUMBER A N INTEREST IN SEIZED REAL PROPERTY ;
OR
(2) REMOVE A BUILDING OR FIXTURE ON SEIZED RE AL PROPERTY.
13–614.
EXCEPT AS PROVIDED IN § 13–617(C) OF THIS SUBTITLE, IF PROPERTY IS
SEIZED UNDER § 13–604(2)(IV) OF THIS SUBTITLE BEC AUSE THERE IS PROBAB LE
CAUSE TO BELIEVE THA T THE PROPERTY IS DI RECTLY OR INDIRECTLY DANGEROUS
TO HEALTH OR SAFETY AND THAT THE PROPERT Y WAS OR WILL BE USE D TO VIOLATE WES MOORE, Governor Ch. 934
– 19 –
§ 9–804 OF THE CRIMINAL LAW ARTICLE, FORFEITURE PROCEEDIN GS UNDER THIS
SUBTITLE SHALL BE FI LED PROMPTLY .
13–615.
EXCEPT AS PROVIDED IN § 13–616 OF THIS SUBTITLE , THE APPROPRIATE
FORFEITING AUTHORITY SHALL FILE PROCEEDIN GS UNDER THIS SUBTIT LE IN THE
CIRCUIT COURT .
13–616.
(A) TO APPLY FOR THE FORF EITURE OF MONEY , THE APPROPRIATE LOCA L
FINANCIAL AUTHORITY OR THE ATTORNEY GENERAL SHALL FILE A COMPLAINT AND
AFFIDAVIT IN THE DISTRICT COURT OR THE CIRCUIT COURT FOR THE COUNTY IN
WHICH THE MONEY WAS SEIZED.
(B) THE COMPLAINT AND AFFIDAVI T SHALL BE SERVED IN ACCORDANCE
WITH THE MARYLAND RULES.
13–617.
(A) EXCEPT AS PROVIDED UN DER SUBSECTIONS (B) AND (C) OF THIS
SECTION, A COMPLAINT SEEKING FORFEITURE SHALL BE FILED WITHIN THE
EARLIER OF:
(1) 90 DAYS AFTER THE SEIZ URE; OR
(2) 1 YEAR AFTER THE FINAL DISPOSITION OF THE C RIMINAL CHARGE
FOR THE VIOLATION GI VING RISE TO THE FOR FEITURE.
(B) A COMPLAINT FOR THE FO RFEITURE OF A MOTOR VEHICLE SHALL BE
FILED WITHIN 45 DAYS AFTER THE MOTOR VEHICLE IS SEIZED.
(C) (1) A PROCEEDING ABOUT MON EY SHALL BE FILED WI THIN 90 DAYS
AFTER THE FINAL DISP OSITION OF CRIMINAL PROCEEDINGS THAT ARI SE OUT OF
THE CRIMINAL ORGANIZATIONS LAW .
(2) IF THE STATE OR A POLITICAL SUBDIVISION DOES NOT FILE
PROCEEDINGS ABOUT MO NEY WITHIN THE 90–DAY PERIOD, THE MONEY SEIZED
UNDER THIS SUBTITLE SHALL BE RETURNED TO THE OWNER ON REQUEST BY THE
OWNER.
Ch. 934 2024 LAWS OF MARYLAND
– 20 –
(3) IF THE OWNER FAILS TO ASK FOR THE RETURN O F THE MONEY
WITHIN 1 YEAR AFTER THE FINAL DISPOSITION OF CRIMI NAL PROCEEDINGS , THE
MONEY SHALL REVERT T O:
(I) THE POLITICAL SUBDIV ISION IN WHICH THE M ONEY WAS
SEIZED; OR
(II) THE STATE, IF THE MONEY WAS SEI ZED BY STATE
AUTHORITIES.
13–618.
(A) A COMPLAINT SEEKING FO RFEITURE SHALL CONTA IN:
(1) A DESCRIPTION OF THE PROPERTY SEIZED ;
(2) THE DATE AND PLACE OF TH E SEIZURE;
(3) THE NAME OF THE OWNE R, IF KNOWN;
(4) THE NAME OF THE PERS ON IN POSSESSION , IF KNOWN;
(5) THE NAME OF EACH LIE NHOLDER, IF KNOWN OR REASONAB LY
SUBJECT TO DISCOVERY ;
(6) AN ALLEGATION THAT T HE PROPERTY IS SUBJE CT TO
FORFEITURE;
(7) IF THE FORFEITING AU THORITY SEEKS TO FOR FEIT A
LIENHOLDER ’S INTEREST IN PROPER TY, AN ALLEGATION THAT T HE LIEN WAS
CREATED WITH ACTUAL KNOWLEDGE THAT THE P ROPERTY WAS BEING OR WAS TO
BE USED IN VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE;
(8) A STATEMENT OF THE F ACTS AND CIRCUMSTANC ES
SURROUNDING THE SEIZ URE;
(9) A STATEMENT SETTING FORTH THE SPECIFIC G ROUNDS FOR
FORFEITURE; AND
(10) AN OATH OR AFFIRMATI ON BY THE FORFEITING AUTHORITY THAT
THE CONTENTS OF THE COMPLAINT ARE TRUE TO THE BEST OF THE FORFEITING
AUTHORITY’S KNOWLEDGE , INFORMATION , AND BELIEF.
WES MOORE, Governor Ch. 934
– 21 –
(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , COPIES OF THE
SUMMONS AND COMPLAIN T SHALL BE SENT BY C ERTIFIED MAIL REQUES TING
“RESTRICTED DELIVERY – SHOW TO WHOM , DATE, ADDRESS OF DELIVERY ” AND
FIRST–CLASS MAIL TO ALL KN OWN OWNERS AND LIENH OLDERS WHOSE IDENTIT IES
ARE REASONABLY SUBJE CT TO DISCOVERY , INCLUDING ALL REAL P ROPERTY
OWNERS AND LIENHOLDE RS SHOWN IN THE RECO RDS REQUIRED BY LAW FOR
NOTICE OR PERFECTION OF THE LIEN.
13–619.
(A) A NOTICE SHALL BE SIGN ED BY THE CLERK OF T HE COURT AND SHALL :
(1) INCLUDE THE CAPTION OF THE CASE;
(2) DESCRIBE THE SUBSTAN CE OF THE COMPLAINT AND THE RELIEF
SOUGHT;
(3) STATE THE LATEST DAT E ON WHICH A RESPONS E MAY BE FILED;
(4) STATE THAT THE PROPE RTY SHALL BE FORFEIT ED IF A RESPONSE
IS NOT FILED ON TIME ;
(5) STATE THAT THE OWNER OF THE PROPERTY MAY HAVE
POSSESSION OF THE PR OPERTY PENDING FORFE ITURE BY POSTING A B OND AS
PROVIDED IN § 13–610 OF THIS SUBTITLE; AND
(6) TELL WHERE TO FILE A RESPONSE AND WHOM TO CONTACT FOR
MORE INFORMATION CON CERNING THE FORFEITU RE.
(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , THE NOTICE
SHALL BE:
(1) POSTED BY THE SHERIF F ON THE DOOR OF THE COURTHOUSE
WHERE THE ACTIO N IS PENDING OR ON A BULLETIN BOARD WITHI N THE IMMEDIATE
VICINITY OF THE DOOR ;
(2) POSTED BY THE SHERIF F IN A CONSPICUOUS P LACE ON THE LAND ,
IF FORFEITURE OF REA L PROPERTY IS SOUGHT ; AND
(3) PUBLISHED AT LEAST O NCE A WEEK IN EACH O F 3 SUCCESSIVE
WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED IN THE COU NTY IN
WHICH THE ACTION IS PENDING, UNLESS THE PROPERTY IS A BOAT OR MOTOR
VEHICLE.
Ch. 934 2024 LAWS OF MARYLAND
– 22 –
13–620.
THE ANSWER TO A COMPL AINT SHALL:
(1) COMPLY WITH THE MARYLAND RULES;
(2) STATE THE NATURE AND EXTENT OF THE PERSON ’S RIGHT IN,
TITLE TO, OR INTEREST IN THE P ROPERTY;
(3) STATE HOW AND WHEN T HE PERSON ACQUIRED A RIGHT IN, TITLE
TO, OR INTEREST IN THE P ROPERTY; AND
(4) CONTAIN A REQUEST FO R RELIEF AND A REQUE ST FOR A PROMPT
HEARING.
13–621.
(A) IF AN ANSWER HAS BEEN FILED ON TIME , THE COURT SHALL SET A
HEARING ON THE FORFE ITURE CLAIM WITHIN 60 DAYS AFTER THE LATER OF:
(1) POSTING OF NOTICE UN DER § 13–619(B)(1) OR (2) OF THIS
SUBTITLE; OR
(2) FINAL PUBLICATION OF NOTICE UNDER § 13–619(B)(3) OF THIS
SUBTITLE.
(B) WITHOUT A HEARING , THE COURT MAY ORDER FORFEITURE OF THE
PROPERTY INTEREST OF A PERSON WHO FAILS T O TIMELY FILE AN ANS WER.
13–622.
EXCEPT AS PROVIDED IN §§ 13–603 AND 13–624 OF THIS SUBTITLE , AN
OWNER’S INTEREST IN REAL PROPERTY MAY BE FORFEITED IF THE OWN ER OF THE
REAL PROPERTY IS CON VICTED OF VIOLATING § 9–804 OF THE CRIMINAL LAW
ARTICLE OR ATTEMPTING OR CONSPIRING TO VIO LATE § 9–804 OF THE CRIMINAL
LAW ARTICLE.
13–623.
(A) FORFEITURE PROCEEDING S FOR REAL PROPERTY MAY BE BROU GHT IN
THE JURISDICTION WHE RE:
(1) THE CRIMINAL CHARGES ARE PENDING;
WES MOORE, Governor Ch. 934
– 23 –
(2) THE OWNER RESIDES ; OR
(3) THE REAL PROPERTY IS LOCATED.
(B) (1) IF FORFEITURE PROCEED INGS FOR REAL PROPER TY ARE
BROUGHT IN A JURISDI CTION OTHER THAN WHERE THE REAL PROPE RTY IS
LOCATED, A NOTICE OF PENDING LITIGATION SHALL BE FILED IN THE JURISDI CTION
WHERE THE PROPERTY I S LOCATED.
(2) A NOTICE OF PENDING LI TIGATION REQUIRED UN DER THIS
SUBSECTION SHALL INC LUDE AT LEAST:
(I) THE NAME AND ADDRESS OF THE OWNER OF THE R EAL
PROPERTY;
(II) A DESCRIPTION OF THE REAL PROPERTY ; AND
(III) A DESCRIPTION OF THE REASONS FOR THE FILI NG OF THE
FORFEITURE PROCEEDIN GS AND NOTICE OF PEN DING LITIGATION.
13–624.
IF AN OWNER OF REAL P ROPERTY USED AS THE PRINCIPAL FAMILY
RESIDENCE IS CONVICT ED UNDER § 9–804 OF THE CRIMINAL LAW ARTICLE OR IS
CONVICTED OF AN ATTE MPT OR CONSPIRACY TO VIOLATE § 9–804 OF THE CRIMINAL
LAW ARTICLE AND THE OWNER FILES AN APPEAL OF T HE CONVICTION , THE COURT
SHALL STAY FORFEITUR E PROCEEDINGS UNDER § 13–603 OF THIS SUBTITLE
AGAINST THE REAL PRO PERTY DURING THE PEN DENCY OF THE APPEAL .
13–625.
(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION ,
THERE IS A REBUTTABL E PRESUMPTION THAT P ROPERTY OR PART OF A PROPERTY
IN WHICH A PERSON HAS AN OWNERS HIP INTEREST IS SUBJ ECT TO FORFEITURE AS
PROCEEDS, IF THE STATE ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE
THAT:
(I) THE PERSON WAS CONVI CTED OF VIOLATING § 9–804 OF
THE CRIMINAL LAW ARTICLE OR ATTEMPTING OR CONSPIRING TO VIO LATE § 9–804
OF THE CRIMINAL LAW ARTICLE;
(II) THE PROPERTY WAS ACQ UIRED BY THE PERSON DURING
THE VIOLATION OR WIT HIN A REASONABLE TIM E AFTER THE VIOLATIO N; AND
Ch. 934 2024 LAWS OF MARYLAND
– 24 –
(III) THERE WAS NO OTHER L IKELY SOURCE FOR THE PROPERTY.
(2) A CLAIMANT OF THE PROP ERTY HAS THE BURDEN OF PR OOF TO
REBUT THE PRESUMPTIO N IN PARAGRAPH (1) OF THIS SUBSECTION .
(B) REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE MAY NOT
BE FORFEITED UNDER T HIS SECTION UNLESS :
(1) AN OWNER OF THE REAL PROPERTY WAS CONVICT ED OF A CRIME
DESCRIBED UNDER SUBSE CTION (A)(1)(I) OF THIS SECTION; OR
(2) § 13–603(D) OF THIS SUBTITLE APP LIES.
13–626.
(A) THE COURT MAY ORDER T HE FORFEITURE OF OTH ER PROPERTY OF THE
OWNER UP TO THE VALU E OF ANY PROPERTY SE IZED UNDER THIS SUBT ITLE, WITH
THE EXCEPTION OF REAL PR OPERTY, IF AS A RESULT OF AN ACT OR OMISSION OF
THE OWNER THE PROPER TY TO BE FORFEITED :
(1) CANNOT BE LOCATED AF TER THE EXERCISE OF DUE DILIGENCE ;
(2) HAS BEEN TRANSFERRED TO, SOLD TO, OR DEPOSITED WITH A
THIRD PARTY;
(3) HAS BEEN PLACED BEYOND TH E JURISDICTION OF TH E COURT;
(4) HAS BEEN SUBSTANTIAL LY DIMINISHED IN VAL UE; OR
(5) HAS BEEN COMMINGLED WITH OTHER PROPERTY AND CANNOT BE
DIVIDED WITHOUT DIFF ICULTY.
(B) THE COURT MAY ORDER T HE OWNER TO RETURN P ROPERTY TO THE
JURISDICTION OF THE COURT.
13–627.
IN A PROCEEDING UNDER THIS SUBTITLE, A COURT MAY:
(1) GRANT REQUESTS FOR M ITIGATION OR REMISSI ON OF
FORFEITURE OR TAKE O THER ACTION THAT PRO TECTS THE RIGHTS OF INNOCENT
PERSONS, IS CONSISTENT WITH T HIS SUBTITLE, AND IS IN THE INTEREST O F
JUSTICE;
WES MOORE, Governor Ch. 934
– 25 –
(2) RESOLVE CLAIMS ARISI NG UNDER THIS SUBTIT LE; AND
(3) TAKE APPROPRIATE MEA SURES TO SAFEGUARD A ND MAINTAIN
PROPERTY FORFEITED U NDER THIS SUBTITLE P ENDING THE DISPOSITI ON OF THE
PROPERTY.
13–628.
(A) AFTER A FULL HE ARING, IF THE COURT DETERMI NES THAT THE
PROPERTY SHOULD NOT BE FORFEITED , THE COURT SHALL ORDE R THAT THE
PROPERTY BE RELEASED .
(B) SUBJECT TO § 13–629 OF THIS SUBTITLE , IF THE COURT DETERMI NES
THAT THE PROPERTY SH OULD BE FORFEITED , THE COURT SHALL ORDE R THAT THE
PROPERTY BE FORFEITE D TO THE APPROPRIATE GOVERNING BODY .
(C) (1) IF THE COURT DETERMIN ES THAT THE FORFEITE D PROPERTY IS
SUBJECT TO A VALID L IEN CREATED WITHOUT ACTUAL KNOWLEDGE OF THE
LIENHOLDER THAT THE PROPERTY WAS BEING O R WAS TO BE USED IN VIOLATION
OF § 9–804 OF THE CRIMINAL LAW ARTICLE, THE COURT SHALL ORDE R THAT THE
PROPERTY BE RELEASED WITHIN 5 DAYS TO THE FIRST PR IORITY LIENHOLDER .
(2) THE LIENHOLDER SHALL SELL THE PROPERTY IN A
COMMERCIALLY REASONA BLE MANNER .
(3) THE PROCEEDS OF THE SALE SHALL BE AP PLIED AS FOLLOWS :
(I) TO THE COURT COSTS O F THE FORFEITURE PRO CEEDING;
(II) TO THE BALANCE DUE T HE LIENHOLDER , INCLUDING ALL
REASONABLE COSTS INC IDENT TO THE SALE ;
(III) TO PAYMENT OF ALL OT HER EXPENSES OF THE
PROCEEDINGS FOR FORFEITURE , INCLUDING EXPENSES O F SEIZURE OR
MAINTENANCE OF CUSTO DY; AND
(IV) TO THE GENERAL FUND OF THE STATE OR OF THE
POLITICAL SUBDIVISIO N THAT SEIZED THE PR OPERTY.
13–629.
IF PROPERTY IS FORFEI TED UNDER THIS SUBTI TLE, THE GOVERNING BODY
WHERE THE PROPERTY W AS SEIZED MAY:
Ch. 934 2024 LAWS OF MARYLAND
– 26 –
(1) KEEP THE PROPERTY FO R OFFICIAL USE;
(2) REQUIRE AN APPROPRIA TE UNIT TO TAKE CUST ODY OF THE
PROPERTY AND DESTROY OR OTHERWISE DISPOSE OF IT; OR
(3) SELL THE PROPERTY IF :
(I) THE LAW DOES NOT REQ UIRE THE PR OPERTY TO BE
DESTROYED; AND
(II) THE PROPERTY IS NOT HARMFUL TO THE PUBLI C.
13–630.
(A) THE PROCEEDS FROM A S ALE OR THE RETENTION OF PROPERTY
DECLARED TO BE FORFE ITED AND ANY INTERES T ACCRUED SHALL BE A PPLIED
FIRST TO THE PROPER EXPENSES OF THE PROC EEDING FOR FORFEITUR E AND
RESULTING SALE , INCLUDING THE EXPENS E OF SEIZING AND MAI NTAINING
CUSTODY OF THE PROPE RTY AND ADVERTISING .
(B) ANY BALANCE REMAINING AFTER THE DISTRIBUTI ON REQUIRED UNDER
SUBSECTION (A) OF THIS SECTION SHAL L BE DISTRIBUTED TO THE GENERAL FUND
OF THE STATE OR OF THE POLIT ICAL SUBDIVISION THA T SEIZED THE PROPERT Y.
13–631.
A SALE OF PROPERTY ORD ERED UNDER THIS SUBT ITLE SHALL BE MADE F OR
CASH AND GIVES THE P URCHASER CLEAR AND A BSOLUTE TITLE.
13–632.
(A) BEFORE EXERCISING THE RIGHT TO SELL PROPER TY THAT HAS BEEN
SEIZED UNDER THIS SU BTITLE, A LIENHOLDER SHALL G IVE TO THE FORFEITIN G
AUTHORITY:
(1) WRITTEN NOTICE OF TH E INTENTION TO SELL ;
(2) COPIES OF DOCUMENTS GIVING RISE TO THE L IEN; AND
(3) AN AFFIDAVIT UNDER O ATH BY THE LIENHOLDER STATI NG:
(I) THAT THE UNDERLYING OBLIGATION IS IN DEF AULT; AND
(II) THE REASONS FOR THE DEFAULT. WES MOORE, Governor Ch. 934
– 27 –
(B) ON REQUEST OF THE LIE NHOLDER, THE FORFEITING AUTHO RITY SHALL
RELEASE THE PROPERTY TO THE LIENHOLDER .
13–633.
(A) EXCEPT AS PROVIDED IN SUBSECTI ON (B) OF THIS SECTION , THE LAW
GOVERNING THE SALE O F COLLATERAL SECURIN G AN OBLIGATION IN D EFAULT
GOVERNS A LIENHOLDER ’S REPOSSESSION AND S ALE OF PROPERTY THAT HAS BEEN
SEIZED UNDER THIS SU BTITLE.
(B) A LIENHOLDER MAY NOT B E REQUIRED TO TAKE POSSESSION O F THE
PROPERTY BEFORE THE SALE OF THE PROPERTY .
13–634.
(A) ANY PART OF THE PROCE EDS FROM A SALE OF P ROPERTY THAT HAS
BEEN SEIZED UNDER TH IS SUBTITLE THAT WOU LD BE PAID TO AN OWN ER OF THE
PROPERTY UNDER THE A PPLICABLE LAW RELATI NG TO DISTRIBUTION OF
PROCEEDS SHALL BE :
(1) PAID TO THE SEIZING AUTHORITY; AND
(2) PROPERTY SUBJECT TO FORFEITURE.
(B) IF AN ORDER OF FORFEI TURE IS NOT ENTERED , THE STATE SHALL
RETURN TO THE OWNER THAT PART OF THE PRO CEEDS AND ANY COSTS OF THE
FORFEITURE PROCEEDIN GS PAID FROM THE PRO CEEDS OF THE SALE .
13–635.
(A) IF THE INTEREST OF TH E OWNER IN PROPERTY THAT HAS BEEN SEIZED
UNDER THIS SUBTITLE IS REDEEMED, THE LIENHOLDER SHALL MAIL A NOTICE OF
THE REDEMPTION TO TH E FORFEITING AUTHORI TY WITHIN 10 DAYS AFTER THE
REDEMPTION .
(B) (1) IF PROPERTY THAT HAS BEEN SEIZED UNDER TH IS SUBTITLE HAS
BEEN REPOSSESSED OR OTHERWISE LAWFULLY T AKEN BY THE LIENHOLD ER, THE
LIENHOLDER SHALL RET URN THE PROPERTY TO THE SEIZING AUTHORIT Y WITHIN
21 DAYS AFTER THE RED EMPTION.
(2) THE SEIZING AUTHORITY AND THE FORFEITING A UTHORITY MAY
THEN PROCEED WITH TH E FORFEITURE OF THE PROPERTY OR THE PROC EEDS FROM
THE SALE OF THE PROP ERTY. Ch. 934 2024 LAWS OF MARYLAND
– 28 –
(C) TIME LIMITATIONS REQU IRED UNDER THIS SUBT ITLE FOR NOTICE AND
FILING OF THE COMPLA INT FOR FORFEITURE RUN FROM THE DATE OF RED EMPTION
OR PURCHASE OF THE P ROPERTY THAT HAS BEE N SEIZED UNDER THIS SUBTITLE.
13–636.
THIS SUBTITLE DOES NO T PROHIBIT A LIENHOL DER FROM EXERCISING
RIGHTS UNDER APPLICA BLE LAW, INCLUDING THE RIGHT TO SELL PROPERTY THAT
HAS BEEN SEIZED UNDE R THIS SUBTITLE , IF A DEFAULT OCCURS IN THE
OBLIGATION GIVING RI SE TO THE LIEN.
13–637.
(A) IN AN ACTION BROUGHT UNDER THIS SUBTITLE , THE STATE MAY FILE
WITH THE CLERK OF TH E COURT A CERTIFICAT E STATING THAT THE C ASE IS OF
SPECIAL PUBLIC IMPOR TANCE.
(B) THE CLERK OF THE COUR T SHALL IMMEDIATELY FURNISH A COPY OF A
CERTIFICATE FILED UN DER SUBSECTION (A) OF THIS SECTION TO T HE CHIEF
JUSTICE OF THE SUPREME COURT OF MARYLAND OR THE CHIEF JUSTICE’S
DESIGNEE.
(C) ON RECEIPT OF A CERTIFICATE FILED UNDER SUBSECTION (A) OF THIS
SECTION, THE CHIEF JUSTICE OR THE CHIEF JUSTICE’S DESIGNEE SHALL
IMMEDIATELY DESIGNAT E A JUDGE TO HEAR AN D DETERMINE THE CASE .
(D) THE JUDGE DESIGNATED UNDER SUBSECTION (C) OF THIS SECTION
SHALL PROMPTLY A SSIGN THE CASE FOR H EARING, PARTICIPATE IN THE H EARINGS
AND DETERMINATION , AND CAUSE THE CASE T O BE EXPEDITED .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.