Maryland 2024 Regular Session

Maryland House Bill HB1063 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 934
2	1
3		-	– 1 –
4		-	Chapter 934
5		-	(House Bill 1063)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	hb1063
8	9
9		-	Criminal Organizations – Criminal Prohibitions, Civil Actions, and Forfeiture
10		-	Underlying Crime
	10	+	HOUSE BILL 1063
	11	+	E1, E2 4lr1862
	12	+	CF SB 1111
	13	+	By: Delegate Williams Delegates Williams, Arikan, and Kaufman
	14	+	Introduced and read first time: February 7, 2024
	15	+	Assigned to: Judiciary
	16	+	Committee Report: Favorable with amendments
	17	+	House action: Adopted
	18	+	Read second time: March 17, 2024
11	19
12		-	FOR the purpose of establishing the statute of limitations for a certain civil action for
13		-	damages resulting from certain participation in a criminal organization; altering
14		-	certain definitions of “criminal organization” and “underlying crime”; authorizing the
15		-	filing of and establishing procedures for a civil action for injunctive relief and
16		-	damages arising out of certain participation in a criminal organization; establishing
17		-	procedures for the forfeiture of property connected to certain altering the definition
18		-	of “underlying crime” that is applicable to certain prohibitions against participation
19		-	in a criminal organization; and generally relating to criminal organizations.
	20	+	CHAPTER ______
20	21
21		-	BY adding to
22		-	Article – Courts and Judicial Proceedings
23		-	Section 5–122
24		-	Annotated Code of Maryland
25		-	(2020 Replacement Volume and 2023 Supplement)
	22	+	AN ACT concerning 1
26	23
27		-	BY repealing and reenacting, with amendments,
28		-	Article – Criminal Law
29		-	Section 9–801
30		-	Annotated Code of Maryland
31		-	(2021 Replacement Volume and 2023 Supplement)
	24	+	Criminal Organizations – Criminal Prohibitions, Civil Actions, and Forfeiture 2
	25	+	Underlying Crime 3
32	26
33		-	BY repealing and reenacting, without amendments,
34		-	Article – Criminal Law
35		-	Section 9–804
36		-	Annotated Code of Maryland
37		-	(2021 Replacement Volume and 2023 Supplement)
	27	+	FOR the purpose of establishing the statute of limitations for a certain civil action for 4
	28	+	damages resulting from certain participation in a criminal organization; altering 5
	29	+	certain definitions of “criminal organization” and “underlying crime”; authorizing the 6
	30	+	filing of and establishing procedures for a civil action for injunctive relief and 7
	31	+	damages arising out of certain participation in a criminal organization; establishing 8
	32	+	procedures for the forfeiture of property connected to certain altering the definition 9
	33	+	of “underlying crime” that is applicable to certain prohibitions against participation 10
	34	+	in a criminal organization; and generally relating to criminal organizations. 11
38	35
39		-	BY adding to
40		-	Article – ~~Criminal Law~~
41		-	Section 9–~~808~~
42		-	Annotated Code of Maryland
43		-	(~~2021~~ Replacement Volume and 2023 Supplement)
	36	+	BY adding to 12
	37	+	Article – Courts and Judicial Proceedings 13
	38	+	Section 5–122 14
	39	+	Annotated Code of Maryland 15
	40	+	(2020 Replacement Volume and 2023 Supplement) 16
44	41
45		-	BY ~~adding to~~
46		-	Article – Criminal ~~Procedure~~
47		-	Section 13–~~601 through 13–637 to be under the new subtitle “Subtitle 6. Violations~~
48		-	of ~~the Criminal Organizations Law”~~
49		-	~~Annotated Code of Maryland Ch.~~ ~~934 2024 LAWS OF MARYLAND~~
	42	+	BY repealing and reenacting, with amendments, 17
	43	+	Article – Criminal Law 18
	44	+	Section 9–801 19
	45	+	Annotated Code of Maryland 20
	46	+	(2021 Replacement Volume and 2023 Supplement) 21
50	47
51		-	– 2 –
52		-	(2018 Replacement Volume and 2023 Supplement)
	48	+	BY repealing and reenacting, without amendments, 22 2 HOUSE BILL 1063
53	49
54		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
55		-	That the Laws of Maryland read as follows:
56	50
57		-	Article – Courts and Judicial Proceedings
	51	+	Article – Criminal Law 1
	52	+	Section 9–804 2
	53	+	Annotated Code of Maryland 3
	54	+	(2021 Replacement Volume and 2023 Supplement) 4
58	55
59		-	5–122.
	56	+	BY adding to 5
	57	+	Article – Criminal Law 6
	58	+	Section 9–808 7
	59	+	Annotated Code of Maryland 8
	60	+	(2021 Replacement Volume and 2023 Supplement) 9
60	61
61		-	A CIVIL ACTION FOR DAM AGES RESULTING FROM PARTICIPATION IN A
62		-	CRIMINAL ORGANIZATIO N BROUGHT UNDER § 9–808 OF THE CRIMINAL LAW
63		-	ARTICLE SHALL BE BROUGHT WITHIN 5 YEARS AFTER THE COND UCT IN VIOLATION
64		-	OF § 9–804 OF THE CRIMINAL LAW ARTICLE TERMINATES .
	62	+	BY adding to 10
	63	+	Article – Criminal Procedure 11
	64	+	Section 13–601 through 13–637 to be under the new subtitle “Subtitle 6. Violations 12
	65	+	of the Criminal Organizations Law” 13
	66	+	Annotated Code of Maryland 14
	67	+	(2018 Replacement Volume and 2023 Supplement) 15
65	68
66		-	Article – Criminal Law
	69	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
	70	+	That the Laws of Maryland read as follows: 17
67	71
68		-	9–~~801.~~
	72	+	Article – Courts and Judicial Proceedings 18
69	73
70		-	~~(a) In this subtitle the following words have the meanings indicated~~.
	74	+	5–122. 19
71	75
72		-	(b) “Coerce” means to compel or attempt to compel another by threat of harm or
73		-	other adverse consequences.
	76	+	A CIVIL ACTION FOR DAM AGES RESULTING FROM PARTICIPATION IN A 20
	77	+	CRIMINAL ORGANIZATIO N BROUGHT UNDER § 9–808 OF THE CRIMINAL LAW 21
	78	+	ARTICLE SHALL BE BROU GHT WITHIN 5 YEARS AFTER THE COND UCT IN VIOLATION 22
	79	+	OF § 9–804 OF THE CRIMINAL LAW ARTICLE TERMINATES . 23
74	80
75		-	(c) “Criminal organization” means an enterprise, INCLUDING AN INFORMA L
76		-	ASSOCIATION, whose members:
	81	+	Article – Criminal Law 24
77	82
78		-	(1) individually or collectively engage in a pattern of organized crime
79		-	activity;
	83	+	9–801. 25
80	84
81		-	(2) have as one of their primary objectives or activities the commission of
82		-	one or more underlying crimes, including acts by juveniles that would be underlying crimes
83		-	if committed by adults; and
	85	+	(a) In this subtitle the following words have the meanings indicated. 26
84	86
85		-	(3) ~~have in common an overt~~ or ~~covert organizationa l~~ or ~~command~~
86		-	~~structure~~.
	87	+	(b) “Coerce” means to compel or attempt to compel another by threat of harm or 27
	88	+	other adverse consequences. 28
87	89
88		-	(d) “Enterprise” includes:
	90	+	(c) “Criminal organization” means an enterprise, INCLUDING AN INFORMA L 29
	91	+	ASSOCIATION, whose members: 30
89	92
90		-	(1) a sole proprietorship, partnership, corporation, business trust, or other
91		-	legal entity; or
	93	+	(1) individually or collectively engage in a pattern of organized crime 31
	94	+	activity; 32
	95	+	HOUSE BILL 1063 3
92	96
93		-	(2) any group of individuals associated in fact although not a legal entity.
94	97
95		-	(e) “Pattern of organized crime activity” means the commission of, attempted
96		-	commission of, conspiracy to commit, or solicitation of two or more underlying crimes or WES MOORE, Governor Ch. 934
	98	+	(2) have as one of their primary objectives or activities the commission of 1
	99	+	one or more underlying crimes, including acts by juveniles that would be underlying crimes 2
	100	+	if committed by adults; and 3
97	101
98		-	– 3 –
99		-	acts by a juvenile that would be an underlying crime if committed by an adult, provided the
100		-	crimes or acts were not part of the same incident.
	102	+	(3) have in common an overt or covert organizational or command 4
	103	+	structure. 5
101	104
102		-	(f) “~~Solicit~~” ~~has the meaning stated in § 11–301 of this article.~~
	105	+	(d) “Enterprise” includes: 6
103	106
104		-	(g) “Underlying crime” means:
	107	+	(1) a sole proprietorship, partnership, corporation, business trust, or other 7
	108	+	legal entity; or 8
105	109
106		-	(1) a ~~crime of violence as defined under § 14–101 of this article;~~
	110	+	(2) any group of individuals associated in fact although not a legal entity. 9
107	111
108		-	(2) a violation of § 3–203 (second degree assault), § 3–1102 (sex trafficking),
109		-	§ 3–1103 (forced marriage), § 4–203 (wearing, carrying, or transporting a handgun), §
110		-	4–204 (USE OF A FIREARM IN THE COMMISSION OF A CRIME), §
111		-	7–113 (embezzlement by fiduciary), or § 7–315 (theft – telecommunications–related) of this
112		-	article, § 9–102 (subornation of perjury), § 9–202(a) (bribery of juror), § 9–302 (inducing
113		-	false testimony or avoidance of subpoena), § 9–303 (retaliation for testimony), § 9–305
114		-	(intimidating or corrupting juror), § 9–306 (obstruction of justice), § 9–307 (destruction of
115		-	evidence), § 9–412 (CONTRABAND – IN GENERAL), § 9–413 (contraband – for escape), §
116		-	9–416 (contraband – controlled dangerous substance), or § 9–417 (contraband –
117		-	telecommunications–related) of this title, or § 11–304 (receiving earnings of prostitute), §
118		-	11–307 (house of prostitution), or § 12–104 (gaming offenses) of this article;
	112	+	(e) “Pattern of organized crime activity” means the commission of, attempted 10
	113	+	commission of, conspiracy to commit, or solicitation of two or more underlying crimes or 11
	114	+	acts by a juvenile that would be an underlying crime if committed by an adult, provided the 12
	115	+	crimes or acts were not part of the same incident. 13
119	116
120		-	(3) a felony violation of § 3–701 (extortion), § 4–503 (manufacture or
121		-	possession of destructive device), § 5–602 (distribution of CDS), § 5–603 (manufacturing
122		-	CDS or equipment), § 5–604(b) (creating or possessing a counterfeit substance), § 5–606
123		-	(false prescription), § 6–103 (second degree arson), § 6–202 (first degree burglary), § 6–203
124		-	(second degree burglary), § 6–204 (third degree burglary), § 7–104 (theft), or § 7–105
125		-	(unauthorized use of a motor vehicle) of this article;
	117	+	(f) “Solicit” has the meaning stated in § 11–301 of this article. 14
126	118
127		-	(4) ~~a felony violation of § 5–133 of the Public Safety Article;~~
	119	+	(g) “Underlying crime” means: 15
128	120
129		-	(5) ~~THE COMMON LAW MISDE MEANOR~~ OF ~~MISCONDUCT IN OFFICE~~;
	121	+	(1) a crime of violence as defined under § 14–101 of this article; 16
130	122
131		-	(6) FRAUD AND RELATED CR IMES UNDER A FELONY VIOLATION O F
132		-	TITLE 8 OF THIS ARTICLE (FRAUD AND RELATED CR IMES);
	123	+	(2) a violation of § 3–203 (second degree assault), § 3–1102 (sex trafficking), 17
	124	+	§ 3–1103 (forced marriage), § 4–203 (wearing, carrying, or transporting a handgun), § 18
	125	+	4–204 (USE OF A FIREARM IN THE COMMISSION OF A CRIME), § 19
	126	+	7–113 (embezzlement by fiduciary), or § 7–315 (theft – telecommunications–related) of this 20
	127	+	article, § 9–102 (subornation of perjury), § 9–202(a) (bribery of juror), § 9–302 (inducing 21
	128	+	false testimony or avoidance of subpoena), § 9–303 (retaliation for testimony), § 9–305 22
	129	+	(intimidating or corrupting juror), § 9–306 (obstruction of justice), § 9–307 (destruction of 23
	130	+	evidence), § 9–412 (CONTRABAND – IN GENERAL), § 9–413 (contraband – for escape), § 24
	131	+	9–416 (contraband – controlled dangerous substance), or § 9–417 (contraband – 25
	132	+	telecommunications–related) of this title, or § 11–304 (receiving earnings of prostitute), § 26
	133	+	11–307 (house of prostitution), or § 12–104 (gaming offenses) of this article; 27
133	134
134		-	(7) (6) BRIBERY UNDER SUBTITLE 2 OF THIS TITLE;
	135	+	(3) a felony violation of § 3–701 (extortion), § 4–503 (manufacture or 28
	136	+	possession of destructive device), § 5–602 (distribution of CDS), § 5–603 (manufacturing 29
	137	+	CDS or equipment), § 5–604(b) (creating or possessing a counterfeit substance), § 5–606 30
	138	+	(false prescription), § 6–103 (second degree arson), § 6–202 (first degree burglary), § 6–203 31
	139	+	(second degree burglary), § 6–204 (third degree burglary), § 7–104 (theft), or § 7–105 32
	140	+	(unauthorized use of a motor vehicle) of this article; 33
135	141
136		-	(8) ~~(7) FALSE STATEMENTS UND ER SUBTITLE 5~~ OF ~~THIS TITLE~~;
	142	+	(4) a felony violation of § 5–133 of the Public Safety Article; 34
137	143
138		-	(9) (8) IMPERSONATING A POLI CE OFFICER UNDER § 3–502 OF THE
139		-	PUBLIC SAFETY ARTICLE;
	144	+	(5) THE COMMON LAW MISDE MEANOR OF MISCONDUCT IN OFFICE; 35 4 HOUSE BILL 1063
140	145
141		-	(10) (9) THREAT OF MASS VIOLE NCE UNDER TITLE 3, SUBTITLE 10
142		-	OF THIS ARTICLE;
143		-	Ch. 934 2024 LAWS OF MARYLAND
144	146
145		-	– 4 –
146		-	(11) (10) INDECENCY AND OBSCEN ITY UNDER TITLE 11, SUBTITLE 1
147		-	OR SUBTITLE 2 A VIOLATION OF § 11–207 OR § 11–208 OF THIS ARTICLE (CHILD
148		-	PORNOGRAPHY );
149	147
150		-	(12) ~~(11) INSURANCE~~ FRAUD ~~UNDE R~~ A FELONY VIOLATION O F ~~TITLE~~
151		-	~~27, SUBTITLE 4~~ OF ~~THE INSURANCE~~ ARTICLE (~~INSURANCE~~ FRAUD );
	148	+	(6) FRAUD AND RELATED CR IMES UNDER A FELONY VIOLATION O F 1
	149	+	TITLE 8 OF THIS ARTICLE (FRAUD AND RELATED CR IMES); 2
152	150
153		-	(13) A VIOLATION OF THE MARYLAND CONSUMER PROTECTION ACT
154		-	UNDER TITLE 13 OF THE COMMERCIAL LAW ARTICLE;
	151	+	(7) (6) BRIBERY UNDER SUBTITLE 2 OF THIS TITLE; 3
155	152
156		-	(14) (12) REMOVAL OR FALSIFICATION OF VEH ICLE IDENTIFICATION
157		-	NUMBER UNDER § 14–107 OF THE TRANSPORTATION ARTICLE;
	153	+	(8) (7) FALSE STATEMENTS UND ER SUBTITLE 5 OF THIS TITLE; 4
158	154
159		-	(15) (13) ~~ABUSE OR NEGLECT~~ OF ~~A VULNERABLE ADULT U NDER §~~
160		-	~~3–604 OR § 3–605 OF THIS~~ ARTICLE;
	155	+	(9) (8) IMPERSONATING A POLI CE OFFICER UNDER § 3–502 OF THE 5
	156	+	PUBLIC SAFETY ARTICLE; 6
161	157
162		-	[(5)] (16) (14) a crime under the laws of another state or of the United
163		-	States that would be a crime listed in items (1) through [(4)] (15) (13) of this subsection if
164		-	committed in this State; or
	158	+	(10) (9) THREAT OF MASS VIOLE NCE UNDER TITLE 3, SUBTITLE 10 7
	159	+	OF THIS ARTICLE; 8
165	160
166		-	[(6)] (17) (15) the attempted commission of, conspiracy to commit, or
167		-	solicitation of a crime or act listed in items (1) through [(5)] (16) (14) of this subsection.
	161	+	(11) (10) INDECENCY AND OBSCEN ITY UNDER TITLE 11, SUBTITLE 1 9
	162	+	OR SUBTITLE 2 A VIOLATION OF § 11–207 OR § 11–208 OF THIS ARTICLE (CHILD 10
	163	+	PORNOGRAPHY ); 11
168	164
169		-	9–804.
	165	+	(12) (11) INSURANCE FRAUD UNDE R A FELONY VIOLATION O F TITLE 12
	166	+	27, SUBTITLE 4 OF THE INSURANCE ARTICLE (INSURANCE FRAUD ); 13
170	167
171		-	(a) A person may not:
	168	+	(13) A VIOLATION OF THE MARYLAND CONSUMER PROTECTION ACT 14
	169	+	UNDER TITLE 13 OF THE COMMERCIAL LAW ARTICLE; 15
172	170
173		-	(1) ~~participate in a criminal organization knowing that the members~~ of ~~the~~
174		-	~~criminal organization engage in a pattern~~ of ~~organized crime activity~~; ~~and~~
	171	+	(14) (12) REMOVAL OR FALSIFICA TION OF VEHICLE IDEN TIFICATION 16
	172	+	NUMBER UNDER § 14–107 OF THE TRANSPORTATION ARTICLE; 17
175	173
176		-	(2) knowingly and willfully direct or participate in an underlying crime, or
177		-	act by a juvenile that would be an underlying crime if committed by an adult, committed
178		-	for the benefit of, at the direction of, or in association with a criminal organization.
	174	+	(15) (13) ABUSE OR NEGLECT OF A VULNERABLE ADULT U NDER § 18
	175	+	3–604 OR § 3–605 OF THIS ARTICLE; 19
179	176
180		-	(b) A criminal organization or an individual belonging to a criminal organization
181		-	may not:
	177	+	[(5)] (16) (14) a crime under the laws of another state or of the United 20
	178	+	States that would be a crime listed in items (1) through [(4)] (15) (13) of this subsection if 21
	179	+	committed in this State; or 22
182	180
183		-	(1) ~~receive proceeds known~~ to ~~have been derived directly~~ or ~~indirectly from~~
184		-	~~an underlying~~ crime~~; and~~
	181	+	[(6)] (17) (15) the attempted commission of, conspiracy to commit, or 23
	182	+	solicitation of a crime or act listed in items (1) through [(5)] (16) (14) of this subsection. 24
185	183
186		-	(2) use or invest, directly or indirectly, an aggregate of $10,000 or more of
187		-	the proceeds from an underlying crime in:
	184	+	9–804. 25
188	185
189		-	(i) the acquisition of a title to, right to, interest in, or equity in real
190		-	property; or WES MOORE, Governor Ch. 934
	186	+	(a) A person may not: 26
191	187
192		-	– 5 –
	188	+	(1) participate in a criminal organization knowing that the members of the 27
	189	+	criminal organization engage in a pattern of organized crime activity; and 28
	190	+	HOUSE BILL 1063 5
193	191
194		-	(ii) the establishment or operation of any enterprise.
195	192
196		-	(c) A criminal organization may not acquire or maintain, directly or indirectly,
197		-	any interest in or control of any enterprise or real property through an underlying crime.
	193	+	(2) knowingly and willfully direct or participate in an underlying crime, or 1
	194	+	act by a juvenile that would be an underlying crime if committed by an adult, committed 2
	195	+	for the benefit of, at the direction of, or in association with a criminal organization. 3
198	196
199		-	(d) A person may not conspire to violate subsection (a), (b), or (c) of this section.
	197	+	(b) A criminal organization or an individual belonging to a criminal organization 4
	198	+	may not: 5
200	199
201		-	(e) ~~A person may not violate subsection (a) of this section that results in the death~~
202		-	~~of a victim.~~
	200	+	(1) receive proceeds known to have been derived directly or indirectly from 6
	201	+	an underlying crime; and 7
203	202
204		-	(f) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a
205		-	person who violates this section is guilty of a felony and on conviction is subject to
206		-	imprisonment not exceeding 15 years or a fine not exceeding $1,000,000 or both.
	203	+	(2) use or invest, directly or indirectly, an aggregate of $10,000 or more of 8
	204	+	the proceeds from an underlying crime in: 9
207	205
208		-	(ii) A person who violates subsection (e) of this section is guilty of a
209		-	felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not
210		-	exceeding $5,000,000 or both.
	206	+	(i) the acquisition of a title to, right to, interest in, or equity in real 10
	207	+	property; or 11
211	208
212		-	(2) (i) A sentence imposed under paragraph (1)(i) of this subsection for
213		-	a first offense may be separate from and consecutive to or concurrent with a sentence for
214		-	any crime based on the act establishing a violation of this section.
	209	+	(ii) the establishment or operation of any enterprise. 12
215	210
216		-	(ii) A sentence imposed under paragraph (1)(i) of this subsection for
217		-	a second or subsequent offense, or paragraph (1)(ii) of this subsection shall be separate from
218		-	and consecutive to a sentence for any crime based on the act establishing a violation of this
219		-	section.
	211	+	(c) A criminal organization may not acquire or maintain, directly or indirectly, 13
	212	+	any interest in or control of any enterprise or real property through an underlying crime. 14
220	213
221		-	(iii) A consecutive sentence for a second or subsequent offense shall
222		-	not be mandatory unless the State notifies the person in writing of the State’s intention to
223		-	proceed against the person as a second or subsequent offender at least 30 days before trial.
	214	+	(d) A person may not conspire to violate subsection (a), (b), or (c) of this section. 15
224	215
225		-	(3) In ~~addition to~~ the ~~other penalties provided in this subsection, on~~
226		-	~~conviction the court may:~~
	216	+	(e) A person may not violate subsection (a) of this section that results in the death 16
	217	+	of a victim. 17
227	218
228		-	(i) order a person or criminal organization to be divested of any
229		-	interest in an enterprise or real property;
	219	+	(f) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a 18
	220	+	person who violates this section is guilty of a felony and on conviction is subject to 19
	221	+	imprisonment not exceeding 15 years or a fine not exceeding $1,000,000 or both. 20
230	222
231		-	(ii) order the dissolution or reorganization of an enterprise; and
	223	+	(ii) A person who violates subsection (e) of this section is guilty of a 21
	224	+	felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not 22
	225	+	exceeding $5,000,000 or both. 23
232	226
233		-	(~~iii~~) ~~order the suspension or revocation~~ of ~~any license,~~ ~~permit, or prior~~
234		-	~~approval granted~~ to ~~the enterprise~~ or ~~person by~~ a ~~unit of the State or a political subdivision~~
235		-	of the ~~State~~.
	227	+	(2) (i) A sentence imposed under paragraph (1)(i) of this subsection for 24
	228	+	a first offense may be separate from and consecutive to or concurrent with a sentence for 25
	229	+	any crime based on the act establishing a violation of this section. 26
236	230
237		-	(g) (1) This subsection applies to a violation of § 5–602, § 5–603, § 5–604(b), §
238		-	5–606, § 5–612, § 5–613, § 5–614, or § 5–617 of this article. Ch. 934 2024 LAWS OF MARYLAND
	231	+	(ii) A sentence imposed under paragraph (1)(i) of this subsection for 27
	232	+	a second or subsequent offense, or paragraph (1)(ii) of this subsection shall be separate from 28
	233	+	and consecutive to a sentence for any crime based on the act establishing a violation of this 29
	234	+	section. 30
239	235
240		-	– 6 –
	236	+	(iii) A consecutive sentence for a second or subsequent offense shall 31
	237	+	not be mandatory unless the State notifies the person in writing of the State’s intention to 32
	238	+	proceed against the person as a second or subsequent offender at least 30 days before trial. 33
	239	+	6 HOUSE BILL 1063
241	240
242		-	(2) Assets divested under this section and derived from the commission of,
243		-	attempted commission of, conspiracy to commit, or solicitation of a crime described in
244		-	paragraph (1) of this subsection, either in whole or in part:
245	241
246		-	(i) if the State investigated and prosecuted a violation described in
247		-	paragraph (1) of this subsection, shall be deposited in the Addiction Treatment Divestiture
248		-	Fund established under § 8–6D–01 of the Health – General Article; or
	242	+	(3) In addition to the other penalties provided in this subsection, on 1
	243	+	conviction the court may: 2
249	244
250		-	(ii) if a ~~local jurisdiction investigated and prosecuted a violation~~
251		-	~~described~~ in ~~paragraph (1) of this subsection,~~ ~~shall be used by the local jurisdiction:~~
	245	+	(i) order a person or criminal organization to be divested of any 3
	246	+	interest in an enterprise or real property; 4
252	247
253		-	1. to support alternatives to incarceration, reentry programs,
254		-	and addiction treatment services for persons with substance–related disorders;
	248	+	(ii) order the dissolution or reorganization of an enterprise; and 5
255	249
256		-	2. to combat criminal organizations through education,
257		-	training, and resources; or
	250	+	(iii) order the suspension or revocation of any license, permit, or prior 6
	251	+	approval granted to the enterprise or person by a unit of the State or a political subdivision 7
	252	+	of the State. 8
258	253
259		-	3. to ~~provide assistance to victims~~ of ~~criminal~~
260		-	~~organization~~–~~related crimes;~~ ~~and~~
	254	+	(g) (1) This subsection applies to a violation of § 5–602, § 5–603, § 5–604(b), § 9
	255	+	5–606, § 5–612, § 5–613, § 5–614, or § 5–617 of this article. 10
261	256
262		-	(iii) if more than one jurisdiction participated in an investigation or
263		-	a prosecution of a violation described in paragraph (1) of this subsection, shall be divided
264		-	in the manner agreed on by the jurisdictions and used as provided in item (i) or (ii) of this
265		-	paragraph.
	257	+	(2) Assets divested under this section and derived from the commission of, 11
	258	+	attempted commission of, conspiracy to commit, or solicitation of a crime described in 12
	259	+	paragraph (1) of this subsection, either in whole or in part: 13
266	260
267		-	(h) A person may be charged with a violation of this section only by indictment,
268		-	criminal information, or petition alleging a delinquent act.
	261	+	(i) if the State investigated and prosecuted a violation described in 14
	262	+	paragraph (1) of this subsection, shall be deposited in the Addiction Treatment Divestiture 15
	263	+	Fund established under § 8–6D–01 of the Health – General Article; or 16
269	264
270		-	(i) (1) The Attorney General, at the request of the Governor or the State’s
271		-	Attorney for a county in which a violation or an act establishing a violation of this section
272		-	occurs, may:
	265	+	(ii) if a local jurisdiction investigated and prosecuted a violation 17
	266	+	described in paragraph (1) of this subsection, shall be used by the local jurisdiction: 18
273	267
274		-	(i) aid in the investigation of the violation or act; and
	268	+	1. to support alternatives to incarceration, reentry programs, 19
	269	+	and addiction treatment services for persons with substance–related disorders; 20
275	270
276		-	(ii) prosecute the violation or act.
	271	+	2. to combat criminal organizations through education, 21
	272	+	training, and resources; or 22
277	273
278		-	(2) In exercising authority under paragraph (1) of this subsection, the
279		-	Attorney General has all the powers and duties of a State’s Attorney, including the use of
280		-	the grand jury in the county, to prosecute the violation.
	274	+	3. to provide assistance to victims of criminal 23
	275	+	organization–related crimes; and 24
281	276
282		-	(3) Notwithstanding any other provision of law, in circumstances in which
283		-	violations of this section are alleged to have been committed in more than one county, the
284		-	respective State’s Attorney of each county, or the Attorney General, may join the causes of
285		-	action in a single complaint with the consent of each State’s Attorney having jurisdiction
286		-	over an offense sought to be joined. WES MOORE, Governor Ch. 934
	277	+	(iii) if more than one jurisdiction participated in an investigation or 25
	278	+	a prosecution of a violation described in paragraph (1) of this subsection, shall be divided 26
	279	+	in the manner agreed on by the jurisdictions and used as provided in item (i) or (ii) of this 27
	280	+	paragraph. 28
287	281
288		-	– 7 –
	282	+	(h) A person may be charged with a violation of this section only by indictment, 29
	283	+	criminal information, or petition alleging a delinquent act. 30
289	284
290		-	(j) Notwithstanding any other provision of law and provided at least one criminal
291		-	organization activity of a criminal organization allegedly occurred in the county in which a
292		-	grand jury is sitting, the grand jury may issue subpoenas, summon witnesses, and
293		-	otherwise conduct an investigation of the alleged criminal organization’s activities and
294		-	offenses in other counties.
	285	+	(i) (1) The Attorney General, at the request of the Governor or the State’s 31
	286	+	Attorney for a county in which a violation or an act establishing a violation of this section 32
	287	+	occurs, may: 33
	288	+	HOUSE BILL 1063 7
295	289
296		-	9–808.
297	290
298		-	(A) AN AGGRIEVED PERSON O R THE STATE MAY FILE A COMP LAINT IN
299		-	CIRCUIT COURT TO ENJ OIN A VIOLATION OF § 9–804 OF THIS SUBTITLE.
	291	+	(i) aid in the investigation of the violation or act; and 1
300	292
301		-	(B) A COURT MAY, AFTER MAKING DUE PRO VISIONS FOR THE RIGH TS OF
302		-	INNOCENT PERSONS , GRANT A COMPLAINT FI LED UNDER SUBSECTION (A) OF THIS
303		-	SECTION BY ISSUING A PPROPRIATE ORDERS AN D JUDGMENTS , INCLUDING:
	293	+	(ii) prosecute the violation or act. 2
304	294
305		-	(1) ORDERING A DEFENDANT TO DIVEST ANY INTERE ST IN AN
306		-	ENTERPRISE, REAL PROPERTY , OR PERSONAL PROPERTY ;
	295	+	(2) In exercising authority under paragraph (1) of this subsection, the 3
	296	+	Attorney General has all the powers and duties of a State’s Attorney, including the use of 4
	297	+	the grand jury in the county, to prosecute the violation. 5
307	298
308		-	(2) ~~IMPOSING REASONABLE RESTRICTIONS ON THE FUTURE~~
309		-	~~ACTIVITIES OR INVESTMENTS~~ OF ~~A DEFENDANT~~ , ~~INCLUDING PROHIBITIN G~~ THE
310		-	~~DEFENDANT FROM ENGAG ING IN~~ THE ~~SAME TYPE~~ OF ~~ENDEAVOR AS THE~~
311		-	~~ENTERPRISE~~ IN ~~WHICH~~ THE ~~DEFENDANT WAS EN GAGED IN VIOLATION O F § 9–804~~ OF
312		-	~~THIS SUBTITLE;~~
	299	+	(3) Notwithstanding any other provision of law, in circumstances in which 6
	300	+	violations of this section are alleged to have been committed in more than one county, the 7
	301	+	respective State’s Attorney of each county, or the Attorney General, may join the causes of 8
	302	+	action in a single complaint with the consent of each State’s Attorney having jurisdiction 9
	303	+	over an offense sought to be joined. 10
313	304
314		-	(3) ORDERING THE DISSOLU TION OR REORGANIZATI ON OF AN
315		-	ENTERPRISE;
	305	+	(j) Notwithstanding any other provision of law and provided at least one criminal 11
	306	+	organization activity of a criminal organization allegedly occurred in the county in which a 12
	307	+	grand jury is sitting, the grand jury may issue subpoenas, summon witnesses, and 13
	308	+	otherwise conduct an investigation of the alleged criminal organization’s activities and 14
	309	+	offenses in other counties. 15
316	310
317		-	(4) ORDERING THE SUSPENS ION OR REVOCATION OF A LICENSE,
318		-	PERMIT, OR PRIOR APPROVAL GR ANTED TO AN ENTERPRI SE BY A STATE AGENCY ;
319		-	AND
	311	+	9–808. 16
320	312
321		-	(5) ORDERING THE FORFEIT URE OF THE CHARTER O F A
322		-	CORPORATION ORGANIZE D UNDER STATE LAW , OR THE REVOCAT ION OF
323		-	AUTHORIZATION FOR A FOREIGN CORPORATION TO CONDUCT BUSINESS IN THE
324		-	STATE, ON A FINDING THAT :
	313	+	(A) AN AGGRIEVED PERSON O R THE STATE MAY FILE A COMP LAINT IN 17
	314	+	CIRCUIT COURT TO ENJ OIN A VIOLATION OF § 9–804 OF THIS SUBTITLE. 18
325	315
326		-	(I) THE BOARD OF DIRECTO RS OR A MANAGERIAL A GENT
327		-	ACTING ON BEHALF OF THE CORPORATION , IN CONDUCTING AFFAIR S OF THE
328		-	CORPORATION , HAS AUTHORIZED OR EN GAGED IN CONDUCT IN VIOLATION OF §
329		-	9–804 OF THIS SUBTITLE ; AND
	316	+	(B) A COURT MAY, AFTER MAKING DUE PRO VISIONS FOR THE RIGH TS OF 19
	317	+	INNOCENT PERSONS , GRANT A COMPLAINT FILED UNDE R SUBSECTION (A) OF THIS 20
	318	+	SECTION BY ISSUING A PPROPRIATE ORDERS AN D JUDGMENTS , INCLUDING: 21
330	319
331		-	(II) ~~FOR THE PREVENTION O F FUTURE CRIMINAL AC TIVITY,~~ ~~THE~~
332		-	~~PUBLIC INTEREST REQU IRES THAT THE CHARTE R OF THE CORPORATION BE Ch. 934 2024 LAWS OF MARYLAND~~
	320	+	(1) ORDERING A DEFENDANT TO DIVEST ANY INTERE ST IN AN 22
	321	+	ENTERPRISE, REAL PROPERTY , OR PERSONAL PROPERTY ; 23
333	322
334		-	– 8 –
335		-	FORFEITED AND THAT T HE CORPORATION BE DISSOLVED OR ITS AUTHORIZATION
336		-	TO CONDUCT BUSINESS IN THE STATE BE REVOKED .
	323	+	(2) IMPOSING REASONABLE RESTRICTIONS O N THE FUTURE 24
	324	+	ACTIVITIES OR INVEST MENTS OF A DEFENDANT , INCLUDING PROHIBITIN G THE 25
	325	+	DEFENDANT FROM ENGAG ING IN THE SAME TYPE OF ENDEAVOR AS THE 26
	326	+	ENTERPRISE IN WHICH THE DEFENDANT WAS EN GAGED IN VIOLATION O F § 9–804 OF 27
	327	+	THIS SUBTITLE; 28
337	328
338		-	(C) (1) IN AN ACTION UNDER TH IS SECTION, THE COURT SHALL GRAN T
339		-	RELIEF IN CONFORMITY WITH THE PRINCIPLES THAT GOVERN THE GRAN TING OF
340		-	INJUNCTIVE RELIEF FR OM THREATENED LOSS O R DAMAGE IN OTHER CIVI L CASES,
341		-	IF NO SHOWING OF SPE CIAL OR IRREPARABLE DAMAGE TO THE PLAINT IFF IS MADE.
	329	+	(3) ORDERING THE DISSOLU TION OR REORGANIZATI ON OF AN 29
	330	+	ENTERPRISE; 30
342	331
343		-	(2) ON THE EXECUTION OF P ROPER BOND AGAINST D AMAGES FOR AN
344		-	INJUNCTION IMPROVIDE NTLY GRANTED AND A S HOWING OF IMMEDIATE DANGER OF
345		-	SIGNIFICANT LOSS OR DAMAGE, THE COURT MAY ISSUE A TEMPORARY RESTRAIN ING
346		-	ORDER AND A PRELIMIN ARY INJUNCTION BEFOR E A FINAL DETERMINAT ION ON THE
347		-	MERITS.
	332	+	(4) ORDERING THE SUSPENS ION OR REVOCATION OF A LICENSE, 31
	333	+	PERMIT, OR PRIOR APPROVAL GR ANTED TO AN ENTERPRI SE BY A STATE AGENCY ; 32
	334	+	AND 33
	335	+	8 HOUSE BILL 1063
348	336
349		-	(D) A PERSON WHO IS INJURE D AS A RESULT OF A V IOLATION OF § 9–804 OF
350		-	THIS SUBTITLE:
351	337
352		-	(1) HAS A CIVIL CAUSE OF ACTION AGAINST THE VIOLATOR FOR
353		-	THREE TIMES THE ACTU AL DAMAGES SUSTAINED AND, WHERE APPROPRIATE ,
354		-	PUNITIVE DAMAGES ; AND
	338	+	(5) ORDERING THE FORFEIT URE OF THE CHARTER O F A 1
	339	+	CORPORATION ORGANIZE D UNDER STATE LAW, OR THE REVOCATION OF 2
	340	+	AUTHORIZATION FOR A FOREIGN CORPORATION TO CONDUCT BUSINESS IN THE 3
	341	+	STATE, ON A FINDING THAT : 4
355	342
356		-	(2) IS ENTITLED TO RECOV ER ATTORNEY ’S FEES IN THE TRIAL AND
357		-	APPELLATE COURTS AND COSTS OF INVESTIGATI ON AND LITIGATION RE ASONABLY
358		-	INCURRED.
	343	+	(I) THE BOARD OF DIRECTO RS OR A MANAGERIAL A GENT 5
	344	+	ACTING ON BEHALF OF THE CORPORATION , IN CONDUCTING AFFAIR S OF THE 6
	345	+	CORPORATION , HAS AUTHORIZED OR EN GAGED IN CONDUCT IN VIOLATION OF § 7
	346	+	9–804 OF THIS SUBTITLE ; AND 8
359	347
360		-	(E) THE PLAINTIFF OR DEFE NDANT MAY DEMAND A J URY TRIAL IN ANY
361		-	CIVIL ACTION BROUGHT UNDER THIS SECTION .
	348	+	(II) FOR THE PREVENTION O F FUTURE CRIMINAL AC TIVITY, THE 9
	349	+	PUBLIC INTEREST REQU IRES THAT THE CHARTE R OF THE CORPORATION BE 10
	350	+	FORFEITED AND THAT T HE CORPORATION BE DISSOLVED OR ITS AUTHORIZATION 11
	351	+	TO CONDUCT BUSINESS IN THE STATE BE REVOKED . 12
362	352
363		-	(F) A CRIMINAL CONVICTION FOR A VIOLATION OF § 9–804 OF THIS
364		-	SUBTITLE SHALL ESTOP THE DEFENDANT IN ANY SUBSEQUENT CIVIL ACT ION UNDER
365		-	THIS SUBTITLE OR CIVIL FORFEITURE PRO CEEDING UNDER TITLE 13, SUBTITLE 6
366		-	OF THE CRIMINAL PROCEDURE ARTICLE AS TO ALL MAT TERS PROVED IN THE
367		-	CRIMINAL PROCEEDING .
	353	+	(C) (1) IN AN ACTION UNDER TH IS SECTION, THE COURT SHALL GRAN T 13
	354	+	RELIEF IN CONFORMITY WITH THE PRINCIPLES THAT GOVERN THE GRAN TING OF 14
	355	+	INJUNCTIVE RELIEF FR OM THREATENED LOSS O R DAMAGE IN OTHER CIVI L CASES, 15
	356	+	IF NO SHOWING OF SPE CIAL OR IRREPARABLE DAMAGE TO THE PLAINT IFF IS MADE. 16
368	357
369		-	(G) (1) THE APPLICATION OF ON E CIVIL REMEDY UNDER THIS SECTION
370		-	DOES NOT PRECLUDE TH E APPLICATION OF ANY OTHER CIVIL OR CRIMINAL REME DY
371		-	FOR A VIOLATION OF § 9–804 OF THIS SUBTITLE.
	358	+	(2) ON THE EXECUTION OF P ROPER BOND AGAINST D AMAGES FOR AN 17
	359	+	INJUNCTION IMPROVIDE NTLY GRANTED AND A S HOWING OF IMMEDIATE DANGER OF 18
	360	+	SIGNIFICANT LOSS OR DAMAGE, THE COURT MAY ISSUE A TEMPORARY RESTRAIN ING 19
	361	+	ORDER AND A PRELIMIN ARY INJUNCTION BEFOR E A FINAL DETERMINAT ION ON THE 20
	362	+	MERITS. 21
372	363
373		-	(2) ~~CIVIL REMEDIES UNDER THIS SECTION ARE SUP PLEMENTAL TO~~
374		-	~~ANY OTHER REMEDY AVA ILABLE.~~
	364	+	(D) A PERSON WHO IS INJURE D AS A RESULT OF A V IOLATION OF § 9–804 OF 22
	365	+	THIS SUBTITLE: 23
375	366
376		-	Article – Criminal Procedure
377		-	WES MOORE, Governor Ch. 934
	367	+	(1) HAS A CIVIL CAUSE OF ACTION AGAINST THE VIOLATOR FOR 24
	368	+	THREE TIMES THE ACTU AL DAMAGES SUSTAINED AND, WHERE APPROPRIATE , 25
	369	+	PUNITIVE DAMAGES ; AND 26
378	370
379		-	– 9 –
380		-	SUBTITLE 6. VIOLATIONS OF THE CRIMINAL ORGANIZATIONS LAW.
	371	+	(2) IS ENTITLED TO RECOV ER ATTORNEY ’S FEES IN THE TRIAL AND 27
	372	+	APPELLATE COURTS AND COSTS OF INVESTIGATI ON AND LITIGATION RE ASONABLY 28
	373	+	INCURRED. 29
381	374
382		-	13–601.
	375	+	(E) THE PLAINTIFF OR DEFE NDANT MAY DEMAND A J URY TRIAL IN ANY 30
	376	+	CIVIL ACTION BROUGHT UNDER THIS SECTION . 31
383	377
384		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
385		-	INDICATED.
	378	+	(F) A CRIMINAL CONVICTION FOR A VIOLATION OF § 9–804 OF THIS 32
	379	+	SUBTITLE SHALL ESTOP THE DEFENDANT IN ANY SUBSEQUENT CIVIL ACT ION UNDER 33
	380	+	THIS SUBTITLE OR CIVIL FORFEITURE PRO CEEDING UNDER TITLE 13, SUBTITLE 6 34 HOUSE BILL 1063 9
386	381
387		-	(B) “CHIEF EXECUTIVE OFFIC ER” MEANS:
388	382
389		-	(1) FOR BALTIMORE CITY, THE MAYOR;
	383	+	OF THE CRIMINAL PROCEDURE ARTICLE AS TO ALL MAT TERS PROVED IN THE 1
	384	+	CRIMINAL PROCEEDING . 2
390	385
391		-	(2) FOR A CHARTER COUNTY , THE COUNTY EXECUTIVE OR, IF THERE
392		-	IS NO COUNTY EXECUTI VE, THE COUNTY COUNCIL ;
	386	+	(G) (1) THE APPLICATION OF ON E CIVIL REMEDY UNDER THIS SECTION 3
	387	+	DOES NOT PRECLUDE TH E APPLICATION OF ANY OTHER CIVIL OR CRIMINAL REME DY 4
	388	+	FOR A VIOLATION OF § 9–804 OF THIS SUBTITLE. 5
393	389
394		-	(3) FOR A CODE COUNTY , THE COUNTY COMMISSIO NERS;
	390	+	(2) CIVIL REMEDIES UNDER THIS SECTION ARE SUP PLEMENTAL TO 6
	391	+	ANY OTHER REMEDY AVA ILABLE. 7
395	392
396		-	~~(4) FOR A COMMISSION COU NTY, THE COUNTY COMMISSIO NERS; OR~~
	393	+	Article – Criminal Procedure 8
397	394
398		-	(5) FOR A MUNICIPAL CORP ORATION, THE LEGISLATIVE BODY
399		-	ESTABLISHED BY MUNIC IPAL CHARTER.
	395	+	SUBTITLE 6. VIOLATIONS OF THE CRIMINAL ORGANIZATIONS LAW. 9
400	396
401		-	~~(C) “CONVICTED” MEANS FOUND GUILTY~~ .
	397	+	13–601. 10
402	398
403		-	(D) ~~“CRIMINAL ORGANIZATIONS LAW ” MEANS TITLE 9,~~ SUBTITLE ~~8 OF~~ THE
404		-	~~CRIMINAL LAW ARTICLE~~.
	399	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11
	400	+	INDICATED. 12
405	401
406		-	(E) “FINAL DISPOSITION ” MEANS DISMISSAL , ENTRY OF A NOLLE
407		-	PROSEQUI, MARKING OF A CRIMINA L CHARGE “STET” ON THE DOCKET , ENTRY OF A
408		-	NOT GUILTY VERDICT , PRONOUNCEMENT OF SEN TENCE, OR IMPOSITION OF
409		-	PROBATION UNDER § 6–220 OF THIS ARTICLE.
	402	+	(B) “CHIEF EXECUTIVE OFFIC ER” MEANS: 13
410	403
411		-	(F) ~~“FORFEITING AUTHORITY ” MEANS:~~
	404	+	(1) FOR BALTIMORE CITY, THE MAYOR; 14
412	405
413		-	(1) THE UNIT OR PERSON D ESIGNATED BY AGREEME NT BETWEEN THE
414		-	STATE’S ATTORNEY FOR A COUNTY AND THE CHIEF EXECUT IVE OFFICER OF THE
415		-	GOVERNING BODY HAVIN G JURISDICTIO N OVER ASSETS SUBJEC T TO FORFEITURE
416		-	TO ACT ON BEHALF OF THE GOVERNING BODY R EGARDING THOSE ASSET S; OR
	406	+	(2) FOR A CHARTER COUNTY , THE COUNTY EXECUTIVE OR, IF THERE 15
	407	+	IS NO COUNTY EXECUTI VE, THE COUNTY COUNCIL ; 16
417	408
418		-	(2) IF THE SEIZING AUTHO RITY IS A UNIT OF TH E STATE, A UNIT OR
419		-	PERSON THAT THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE
420		-	DESIGNATES BY AGREEM ENT WITH A STATE’S ATTORNEY, COUNTY ATTORNEY , OR
421		-	MUNICIPAL ATTORNEY T O ACT ON BEHALF OF T HE STATE REGARDING ASSET S
422		-	SUBJECT TO FORFEITUR E BY THE STATE.
423		-	Ch. 934 2024 LAWS OF MARYLAND
	409	+	(3) FOR A CODE COUNTY , THE COUNTY COMMISSIO NERS; 17
424	410
425		-	– 10 –
426		-	(G) “GOVERNING BODY ” INCLUDES:
	411	+	(4) FOR A COMMISSION COU NTY, THE COUNTY COMMISSIO NERS; OR 18
427	412
428		-	(1) THE STATE, IF THE SEIZING AUTHO RITY IS A UNIT OF THE STATE;
	413	+	(5) FOR A MUNICIPAL CORP ORATION, THE LEGISLATIVE BODY 19
	414	+	ESTABLISHED BY MUNIC IPAL CHARTER. 20
429	415
430		-	(2) ~~A COUNTY,~~ ~~IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY;~~
	416	+	(C) “CONVICTED” MEANS FOUND GUILTY . 21
431	417
432		-	(3) ~~A MUNICIPAL CORPORAT ION~~, IF THE ~~SEIZING AUTHO RITY IS A~~
433		-	~~UNIT OF A MUNICIPALI TY; AND~~
	418	+	(D) “CRIMINAL ORGANIZATIONS LAW ” MEANS TITLE 9, SUBTITLE 8 OF THE 22
	419	+	CRIMINAL LAW ARTICLE. 23
434	420
435		-	(4) BALTIMORE CITY, IF THE SEIZING AUTHO RITY IS THE BALTIMORE
436		-	POLICE DEPARTMENT .
	421	+	(E) “FINAL DISPOSITION ” MEANS DISMISSAL , ENTRY OF A NOLLE 24
	422	+	PROSEQUI, MARKING OF A CRIMINA L CHARGE “STET” ON THE DOCKET , ENTRY OF A 25
	423	+	NOT GUILTY VERDICT , PRONOUNCEMENT OF SEN TENCE, OR IMPOSITION OF 26
	424	+	PROBATION UNDER § 6–220 OF THIS ARTICLE. 27
437	425
438		-	(H) “~~LIEN~~” ~~INCLUDES A MORTGAGE , A DEED OF TRUST , A PLEDGE, A~~
439		-	~~SECURITY INTEREST , AN ENCUMBRANCE , AND A RIGHT OF SETOF F.~~
	426	+	(F) “FORFEITING AUTHORITY ” MEANS: 28
	427	+	10 HOUSE BILL 1063
440	428
441		-	(I) “LIENHOLDER” MEANS A PERSON WHO H AS A LIEN OR A SECUR ED
442		-	INTEREST ON PROPERTY CREATED BEFORE THE S EIZURE.
443	429
444		-	(J) “LOCAL FINANCIAL AUTHO RITY” MEANS:
	430	+	(1) THE UNIT OR PERSON D ESIGNATED BY AGREEME NT BETWEEN THE 1
	431	+	STATE’S ATTORNEY FOR A COUNTY AND THE CHIEF EXECUT IVE OFFICER OF THE 2
	432	+	GOVERNING BODY HAVIN G JURISDICTIO N OVER ASSETS SUBJEC T TO FORFEITURE 3
	433	+	TO ACT ON BEHALF OF THE GOVERNING BODY R EGARDING THOSE ASSET S; OR 4
445	434
446		-	(1) IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY, THE
447		-	TREASURER OR DIRECTO R OF FINANCE OF THE COUNTY; OR
	435	+	(2) IF THE SEIZING AUTHO RITY IS A UNIT OF TH E STATE, A UNIT OR 5
	436	+	PERSON THAT THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE 6
	437	+	DESIGNATES BY AGREEM ENT WITH A STATE’S ATTORNEY, COUNTY ATTORNEY , OR 7
	438	+	MUNICIPAL ATTORNEY T O ACT ON BEHALF OF T HE STATE REGARDING ASSET S 8
	439	+	SUBJECT TO FORFEITUR E BY THE STATE. 9
448	440
449		-	(2) IF THE SEIZING AUTHO RITY IS A UNIT OF A MUNICIPAL
450		-	CORPORATION , THE TREASURER OR DIR ECTOR OF FINANCE OF THE MUNICIPAL
451		-	CORPORATION .
	441	+	(G) “GOVERNING BODY ” INCLUDES: 10
452	442
453		-	(K) (1) “OWNER” MEANS A PERSON HAVIN G A LEGAL, EQUITABLE, OR
454		-	POSSESSORY INTEREST IN PROPERTY.
	443	+	(1) THE STATE, IF THE SEIZING AUTHO RITY IS A UNIT OF THE STATE; 11
455	444
456		-	(2) ~~“OWNER” INCLUDES:~~
	445	+	(2) A COUNTY, IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY; 12
457	446
458		-	(I) A CO–OWNER;
	447	+	(3) A MUNICIPAL CORPORAT ION, IF THE SEIZING AUTHO RITY IS A 13
	448	+	UNIT OF A MUNICIPALI TY; AND 14
459	449
460		-	(II) A LIFE TENANT;
	450	+	(4) BALTIMORE CITY, IF THE SEIZING AUTHO RITY IS THE BALTIMORE 15
	451	+	POLICE DEPARTMENT . 16
461	452
462		-	(III) A REMAINDERMAN TO A LIFE TENANCY IN REAL PROPERTY;
	453	+	(H) “LIEN” INCLUDES A MORTGAGE , A DEED OF TRUST , A PLEDGE, A 17
	454	+	SECURITY INTEREST , AN ENCUMBRANCE , AND A RIGHT OF SETOF F. 18
463	455
464		-	(IV) A ~~HOLDER OF AN INCHO ATE INTEREST IN REAL PRO PERTY;~~
465		-	~~AND~~
	456	+	(I) “LIENHOLDER” MEANS A PERSON WHO H AS A LIEN OR A SECUR ED 19
	457	+	INTEREST ON PROPERTY CREATED BEFORE THE S EIZURE. 20
466	458
467		-	(V) A BONA FIDE PURCHASE R FOR VALUE.
468		-	WES MOORE, Governor Ch. 934
	459	+	(J) “LOCAL FINANCIAL AUTHO RITY” MEANS: 21
469	460
470		-	– 11 –
471		-	(L) “PROCEEDS” MEANS PROFITS DERIVE D FROM A VIOLATION O F THE
472		-	CRIMINAL ORGANIZATIONS LAW OR PROPERTY OBTAINED DI RECTLY OR
473		-	INDIRECTLY FROM THOS E PROFITS.
	461	+	(1) IF THE SEIZING AUTHO RITY IS A UNIT OF A COUNTY, THE 22
	462	+	TREASURER OR DIRECTO R OF FINANCE OF THE COUNTY; OR 23
474	463
475		-	(M) (1) “PROPERTY” INCLUDES:
	464	+	(2) IF THE SEIZING AUTHO RITY IS A UNIT OF A MUNICIPAL 24
	465	+	CORPORATION , THE TREASURER OR DIR ECTOR OF FINANCE OF THE MUNICIPAL 25
	466	+	CORPORATION . 26
476	467
477		-	(I) ~~REAL PROPERTY AND AN YTHING GROWING ON~~ OR
478		-	~~ATTACHED TO REAL PRO PERTY;~~
	468	+	(K) (1) “OWNER” MEANS A PERSON HAVIN G A LEGAL, EQUITABLE, OR 27
	469	+	POSSESSORY INTEREST IN PROPERTY. 28
479	470
480		-	(II) ~~MOTOR VEHICLES ; AND~~
	471	+	(2) “OWNER” INCLUDES: 29
481	472
482		-	(~~III~~) ~~MONEY.~~
	473	+	(I) A CO–OWNER; 30 HOUSE BILL 1063 11
483	474
484		-	(2) “PROPERTY” DOES NOT INCLUDE :
485	475
486		-	(I) AN ITEM UNLAWFULLY I N THE POSSESSION OF A PERSON
487		-	OTHER THAN THE OWNER WHEN USED IN CONNEC TION WITH A VIOLATIO N OF THE
488		-	CRIMINAL ORGANIZATIONS LAW ; OR
489	476
490		-	(II) A LESSOR’S INTEREST IN PROPER TY SUBJECT TO A BONA
491		-	FIDE LEASE, UNLESS THE FORFEITIN G AUTHORITY CAN SHOW THAT THE LESSOR
492		-	PARTICIPATED IN A VI OLATION OF THE CRIMINAL ORGANIZATIONS LAW OR THAT
493		-	THE PROPERTY WAS THE PROCEEDS OF A VIOLAT ION OF THE CRIMINAL
494		-	ORGANIZATIONS LAW .
	477	+	(II) A LIFE TENANT; 1
495	478
496		-	(N) ~~(1) “~~REAL PROPERTY ~~” MEANS LAND OR AN IMP ROVEMENT TO LAND .~~
	479	+	(III) A REMAINDERMAN TO A LIFE TENANCY IN REAL PROPERTY; 2
497	480
498		-	(2) “REAL PROPERTY ” INCLUDES:
	481	+	(IV) A HOLDER OF AN INCHO ATE INTEREST IN REAL PROPE RTY; 3
	482	+	AND 4
499	483
500		-	(I) A LEASEHOLD OR ANY O THER LIMITED INTERES T IN
501		-	PROPERTY;
	484	+	(V) A BONA FIDE PURCHASE R FOR VALUE. 5
502	485
503		-	(II) AN EASEMENT; AND
	486	+	(L) “PROCEEDS” MEANS PROFITS DERIVE D FROM A VIOLATION O F THE 6
	487	+	CRIMINAL ORGANIZATIONS LAW OR PROPERTY OBTAINED DI RECTLY OR 7
	488	+	INDIRECTLY FROM THOS E PROFITS. 8
504	489
505		-	(III) A REVERSIONARY INTER EST IN A 99–YEAR GROUND LEASE
506		-	RENEWABLE FOREVER .
	490	+	(M) (1) “PROPERTY” INCLUDES: 9
507	491
508		-	(O) “SEIZING AUTHORITY ” MEANS A LAW ENFORCEM ENT UNIT IN THE
509		-	STATE THAT IS AUTHORI ZED TO INVESTIGATE V IOLATIONS OF THE CRIMINAL
510		-	ORGANIZATIONS LAW AND THAT HAS SEIZED PROPERTY UNDER T HIS SUBTITLE.
	492	+	(I) REAL PROPERTY AND AN YTHING GROWING ON OR 10
	493	+	ATTACHED TO REAL PRO PERTY; 11
511	494
512		-	~~13–602.~~
	495	+	(II) MOTOR VEHICLES ; AND 12
513	496
514		-	~~THE FOLLOWING ARE SUB JECT TO FORFEITURE : Ch~~. ~~934 2024 LAWS OF MARYLAND~~
	497	+	(III) MONEY. 13
515	498
516		-	~~– 12 –~~
	499	+	(2) “PROPERTY” DOES NOT INCLUDE : 14
517	500
518		-	(1) ~~EXCEPT AS PROVIDED~~ I N ~~§ 13–603~~ OF ~~THIS SUBTITLE ,~~ A ~~MOTOR~~
519		-	~~VEHICLE~~ USED IN ~~CONN ECTION~~ WITH A ~~VIOLAT ION~~ OF ~~AND CONVICTIO N UNDER §~~
520		-	~~9–804 OF THE CRIMINAL~~ LAW ~~ARTICLE~~;
	501	+	(I) AN ITEM UNLAWFULLY I N THE POSSESSION OF A PERSON 15
	502	+	OTHER THAN THE OWNER WHEN USED IN CONNECT ION WITH A VIOLATION OF THE 16
	503	+	CRIMINAL ORGANIZATIONS LAW ; OR 17
521	504
522		-	(2) MONEY USED IN CONNEC TION WITH A VIOLATIO N OF AND
523		-	CONVICTION UNDER THE CRIMINAL ORGANIZATIONS LAW , FOUND IN CLOSE
524		-	PROXIMITY TO OR AT T HE SCENE OF THE ARRE ST FOR A VIOLATION O F THE
525		-	CRIMINAL ORGANIZATIONS LAW ; AND
	505	+	(II) A LESSOR’S INTEREST IN PROPER TY SUBJECT TO A BONA 18
	506	+	FIDE LEASE, UNLESS THE FORFEITIN G AUTHORITY CAN SHOW THAT THE LESSOR 19
	507	+	PARTICIPATED IN A VI OLATION OF THE CRIMINAL ORGANIZATIONS LAW OR THAT 20
	508	+	THE PROPERTY WAS THE PROCEEDS OF A VIOLAT ION OF THE CRIMINAL 21
	509	+	ORGANIZATIONS LAW . 22
526	510
527		-	(3) EXCEPT AS PROVIDED I N § 13–603 OF THIS SUBTITLE , REAL
528		-	PROPERTY USED IN CON NECTION WITH A VIOLA TION OF AND CONVICTI ON UNDER §
529		-	9–804 OF THE CRIMINAL LAW ARTICLE.
	511	+	(N) (1) “REAL PROPERTY ” MEANS LAND OR AN IMP ROVEMENT TO LAND . 23
530	512
531		-	~~13–603.~~
	513	+	(2) “REAL PROPERTY ” INCLUDES: 24
532	514
533		-	(A) PROPERTY OR AN INTERE ST IN PROPERTY DESCR IBED IN § 13–602(1)
534		-	OR (3) OF THIS SUBTITLE MAY NOT BE FORFEITED IF THE OWNER ESTABLISHES BY
535		-	A PREPONDERANCE OF T HE EVIDENCE THAT THE VIOLATION OF THE CRIMINAL
536		-	ORGANIZATIONS LAW WAS COMMITTED WITHOUT TH E OWNER ’S ACTUAL
537		-	KNOWLEDGE .
	515	+	(I) A LEASEHOLD OR ANY O THER LIMITED INTERES T IN 25
	516	+	PROPERTY; 26
538	517
539		-	(B) (1) A MOTOR VEHICLE FOR HI RE IN THE TRANSACTIO N OF BUSINESS
540		-	AS A COMMON CARRIER OR A MOTOR VEHICLE FOR HIRE MAY NOT BE SEIZED OR
541		-	FORFEITED UNDER THIS SUBTITLE UNLESS IT A PPEARS THAT THE OWNE R OR OTHER
542		-	PERSON IN CHARGE OF THE MOTOR VEHICLE WA S A CONSENTING PARTY OR PRIVY
543		-	TO A VIOLATION OF TH E CRIMINAL ORGANIZATIONS LAW .
	518	+	(II) AN EASEMENT; AND 27
	519	+	12 HOUSE BILL 1063
544	520
545		-	(2) A MOTOR VEHICLE MAY NOT BE FORFEITED UND ER THIS
546		-	SUBTITLE FOR AN ACT OR OMISSION THAT THE OWNER SHOWS WAS COMM ITTED OR
547		-	OMITTED BY A PERSON OTHER THAN THE OWNER WHILE THE PERSON OTH ER THAN
548		-	THE OWNER POSSESSED THE MOTOR VEHICLE IN CRIMINAL VIOLATION O F FEDERAL
549		-	LAW OR THE LAW OF ANY STATE.
550	521
551		-	(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION, REAL PROPERTY USED
552		-	AS THE PRINCIPAL FAM ILY RESIDENCE MAY NO T BE FORFEITED UNDER THIS
553		-	SUBTITLE UNLESS ONE OF THE OWNERS OF THE REAL PROPERTY WAS CO NVICTED
554		-	OF A VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE OR OF AN ATTE MPT OR
555		-	CONSPIRACY TO VIOLAT E § 9–804 OF THE CRIMINAL LAW ARTICLE.
	522	+	(III) A REVERSIONARY INTER EST IN A 99–YEAR GROUND LEASE 1
	523	+	RENEWABLE FOREVER . 2
556	524
557		-	(D) ~~REAL PROPERTY USED AS~~ THE ~~PRINCIPAL FAMILY RESIDENCE BY~~
558		-	~~SPOUSES AND HELD BY~~ THE ~~SPOUSES AS TENAN TS BY THE ENTIRETY M AY NOT BE~~
559		-	~~FORFEITED UNLESS :~~ ~~WES MOORE,~~ ~~Governor~~ Ch. ~~934~~
	525	+	(O) “SEIZING AUTHORITY ” MEANS A LAW ENFORCEM ENT UNIT IN THE 3
	526	+	STATE THAT IS AUTHORI ZED TO INVESTIGATE V IOLATIONS OF THE CRIMINAL 4
	527	+	ORGANIZATIONS LAW AND THAT HAS SEIZED PROPERTY UNDER T HIS SUBTITLE. 5
560	528
561		-	– ~~13 –~~
	529	+	13–602. 6
562	530
563		-	(1) THE PROPERTY WAS USED IN CO NNECTION WITH A VIOL ATION OF
564		-	§ 9–804 OF THE CRIMINAL LAW ARTICLE OR WITH AN AT TEMPT OR A CONSPIRAC Y
565		-	TO VIOLATE § 9–804 OF THE CRIMINAL LAW ARTICLE; AND
	531	+	THE FOLLOWING ARE SUB JECT TO FORFEITURE : 7
566	532
567		-	(2) ~~BOTH SPOUSES ARE CON VICTED~~ OF A ~~VIOLATIO N OF § 9–804 OF~~
568		-	~~THE CRIMINAL LAW ARTICLE OR~~ OF ~~AN ATTEMPT OR CONSPIRACY TO VIO LATE~~ §
569		-	9–804 OF THE CRIMINAL LAW ARTICLE.
	533	+	(1) EXCEPT AS PROVIDED I N § 13–603 OF THIS SUBTITLE , A MOTOR 8
	534	+	VEHICLE USED IN CONN ECTION WITH A VIOLAT ION OF AND CONVICTIO N UNDER § 9
	535	+	9–804 OF THE CRIMINAL LAW ARTICLE; 10
570	536
571		-	13–604.
	537	+	(2) MONEY USED IN CONNEC TION WITH A VIOLATIO N OF AND 11
	538	+	CONVICTION UNDER THE CRIMINAL ORGANIZATIONS LAW , FOUND IN CLOSE 12
	539	+	PROXIMITY TO OR AT T HE SCENE OF THE ARRE ST FOR A VIOLATION O F THE 13
	540	+	CRIMINAL ORGANIZATIONS LAW ; AND 14
572	541
573		-	PERSONAL PROPERTY SUB JECT TO FORFEITURE U NDER THIS SUBTITLE M AY
574		-	BE SEIZED:
	542	+	(3) EXCEPT AS PROVIDED I N § 13–603 OF THIS SUBTITLE , REAL 15
	543	+	PROPERTY USED IN CON NECTION WITH A VIOLA TION OF AND CONVICTI ON UNDER § 16
	544	+	9–804 OF THE CRIMINAL LAW ARTICLE. 17
575	545
576		-	(1) ON A WARRANT ISSUED BY A COURT THAT HAS JURISDICTION
577		-	OVER THE PROPERTY ; AND
	546	+	13–603. 18
578	547
579		-	(2) WITHOUT A WARRANT WH EN:
	548	+	(A) PROPERTY OR AN INTERE ST IN PROPERTY DESCR IBED IN § 13–602(1) 19
	549	+	OR (3) OF THIS SUBTITLE MAY NOT BE FORFEITED IF THE OWNER ESTABLISHES BY 20
	550	+	A PREPONDERANCE OF T HE EVIDENCE THAT THE VIOLATION OF THE CRIMINAL 21
	551	+	ORGANIZATIONS LAW WAS COMMITTED WITHOUT TH E OWNER ’S ACTUAL 22
	552	+	KNOWLEDGE . 23
580	553
581		-	(I) THE SEIZURE IS INCID ENT TO AN ARREST OR A SEARCH
582		-	UNDER A SEARCH WARRA NT;
	554	+	(B) (1) A MOTOR VEHICLE FOR HI RE IN THE TRANSACTIO N OF BUSINESS 24
	555	+	AS A COMMON CARRIER OR A MOTOR VEHICLE FOR HIRE MAY NOT BE SEIZED OR 25
	556	+	FORFEITED UNDER THIS SUBTITLE UNLESS IT A PPEARS THAT THE OWNE R OR OTHER 26
	557	+	PERSON IN CHARGE OF THE MOTOR VEHICLE WA S A CONSENTING PARTY OR PRIVY 27
	558	+	TO A VIOLATION OF TH E CRIMINAL ORGANIZATIONS LAW . 28
583	559
584		-	(II) THE SEIZURE IS INCID ENT TO AN INSPECTION UNDER AN
585		-	ADMINISTRATIVE INSPE CTION WARRANT ;
	560	+	(2) A MOTOR VEHICLE MAY NOT BE FORFEITED UND ER THIS 29
	561	+	SUBTITLE FOR AN ACT OR OMISSION THAT THE OWNER SHOWS WAS COMM ITTED OR 30
	562	+	OMITTED BY A PERSON OTHER THAN THE OWNER WHILE THE PERSON OTH ER THAN 31
	563	+	THE OWNER POSSESSED THE MOTOR VEHICLE IN CRIMINAL VIOLATION O F FEDERAL 32
	564	+	LAW OR THE LAW OF ANY STATE. 33
	565	+	HOUSE BILL 1063 13
586	566
587		-	(III) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE
588		-	SUBJECT OF A PRIOR J UDGMENT IN FAVOR OF THE STATE IN A CRIMINAL
589		-	INJUNCTION OR FORFEI TURE PROCEEDING UNDE R THIS SUBTITLE; OR
590	567
591		-	(IV) THERE IS PROBABLE CA USE TO BELIEVE THAT THE
592		-	PROPERTY IS DIRECTLY OR INDIRECTLY DANGER OUS TO HEALTH OR SAF ETY.
	568	+	(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION, REAL PROPERTY USED 1
	569	+	AS THE PRINCIPAL FAM ILY RESIDENCE MAY NO T BE FORFEITED UNDER THIS 2
	570	+	SUBTITLE UNLESS ONE OF THE OWNERS OF THE REAL PROPERTY WAS CO NVICTED 3
	571	+	OF A VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE OR OF AN ATTE MPT OR 4
	572	+	CONSPIRACY TO VIOLAT E § 9–804 OF THE CRIMINAL LAW ARTICLE. 5
593	573
594		-	13–605.
	574	+	(D) REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE BY 6
	575	+	SPOUSES AND HELD BY THE SPOUSES AS TENAN TS BY THE ENTIRETY M AY NOT BE 7
	576	+	FORFEITED UNLESS : 8
595	577
596		-	(A) A SEIZING AUTHORITY TH AT SEIZES MONEY UNDE R THIS SUBTITLE
597		-	IMMEDIATELY SHALL :
	578	+	(1) THE PROPERTY WAS USED IN CO NNECTION WITH A VIOL ATION OF 9
	579	+	§ 9–804 OF THE CRIMINAL LAW ARTICLE OR WITH AN AT TEMPT OR A CONSPIRAC Y 10
	580	+	TO VIOLATE § 9–804 OF THE CRIMINAL LAW ARTICLE; AND 11
598	581
599		-	(1) PHOTOGRAPH THE MONEY AND RECORD THE QUANT ITY OF EACH
600		-	DENOMINATION OF COIN OR CURRENCY SEIZED ; AND
	582	+	(2) BOTH SPOUSES ARE CON VICTED OF A VIOLATIO N OF § 9–804 OF 12
	583	+	THE CRIMINAL LAW ARTICLE OR OF AN ATTEMPT OR CONSPIRACY TO VIO LATE § 13
	584	+	9–804 OF THE CRIMINAL LAW ARTICLE. 14
601	585
602		-	(2) DEPOSIT THE MONEY TO THE ACCOUNT OF THE A PPROPRIATE
603		-	LOCAL FINANCIAL AUTHORITY .
604		-	Ch. 934 2024 LAWS OF MARYLAND
	586	+	13–604. 15
605	587
606		-	– 14 –
607		-	(B) A PHOTOGRAPH TAKEN UND ER SUBSECTION (A) OF THIS SECTION MAY
608		-	BE SUBSTITUTED FOR M ONEY AS EVIDENCE IN A CRIMINAL OR FORFEI TURE
609		-	PROCEEDING .
	588	+	PERSONAL PROPERTY SUB JECT TO FORFEITURE U NDER THIS SUBTITLE M AY 16
	589	+	BE SEIZED: 17
610	590
611		-	13–606.
	591	+	(1) ON A WARRANT ISSUED BY A COURT THAT HAS JURISDICTION 18
	592	+	OVER THE PROPERTY ; AND 19
612	593
613		-	(A) ~~PROPERTY SEIZED UNDER THIS SUBTITLE~~:
	594	+	(2) WITHOUT A WARRANT WH EN: 20
614	595
615		-	(1) IS NOT REPLEVIABLE ; BUT
	596	+	(I) THE SEIZURE IS INCID ENT TO AN ARREST OR A SEARCH 21
	597	+	UNDER A SEARCH WARRA NT; 22
616	598
617		-	(2) IS IN THE CUSTODY OF TH E SEIZING AUTHORITY , SUBJECT ONLY
618		-	TO THE ORDERS , JUDGMENTS , AND DECREES OF THE C OURT OR THE OFFICIAL
619		-	HAVING JURISDICTION OVER THE PROPERTY .
	599	+	(II) THE SEIZURE IS INCID ENT TO AN INSPECTION UNDER AN 23
	600	+	ADMINISTRATIVE INSPE CTION WARRANT ; 24
620	601
621		-	(B) A SEIZING AUTHORITY MA Y PLACE SEIZED PROPE RTY UNDER SEAL AND
622		-	REMOVE THE PROPERTY TO A PLACE DESIGNATED BY THE COURT.
	602	+	(III) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE 25
	603	+	SUBJECT OF A PRIOR J UDGMENT IN FAVOR OF THE STATE IN A CRIMINAL 26
	604	+	INJUNCTION OR FORFEI TURE PROCEEDING UNDE R THIS SUBTITLE; OR 27
623	605
624		-	13–607.
	606	+	(IV) THERE IS PROBABLE CA USE TO BELIEVE THAT THE 28
	607	+	PROPERTY IS DIRECTLY OR INDIRECTLY DANGER OUS TO HEALTH OR SAF ETY. 29
625	608
626		-	(A) A SEIZING AUTHORITY MA Y SEIZE A MOTOR VEHI CLE USED IN
627		-	VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE AND RECOMMEND
628		-	FORFEITURE TO THE FO RFEITING AUTHORITY I F THE TOTAL CIRCUMST ANCES OF
629		-	THE CASE AS LISTED I N SUBSECTION (B) OF THIS SECTION DICT ATE THAT SEIZURE
630		-	AND FORFEITURE ARE J USTIFIED.
	609	+	13–605. 30
	610	+	14 HOUSE BILL 1063
631	611
632		-	(B) CIRCUMSTANCES TO BE C ONSIDERED IN DECIDIN G WHETHER SEIZURE
633		-	AND FORFEITURE ARE J USTIFIED INCLUDE :
634	612
635		-	(1) EVIDENCE THAT THE MO TOR VEHICLE WAS ACQU IRED BY USE OF
636		-	PROCEEDS FROM A TRANSACTION I NVOLVING A VIOLATION OF § 9–804 OF THE
637		-	CRIMINAL LAW ARTICLE;
	613	+	(A) A SEIZING AUTHORITY TH AT SEIZES MONEY UNDE R THIS SUBTITLE 1
	614	+	IMMEDIATELY SHALL : 2
638	615
639		-	(2) THE CIRCUMSTANCES OF THE ARREST; AND
	616	+	(1) PHOTOGRAPH THE MONEY AND RECORD THE QUANT ITY OF EACH 3
	617	+	DENOMINATION OF COIN OR CURRENCY SEIZED ; AND 4
640	618
641		-	(3) THE WAY IN WHICH THE MOTOR VEHICLE WAS US ED.
	619	+	(2) DEPOSIT THE MONEY TO THE ACCOUNT OF THE A PPROPRIATE 5
	620	+	LOCAL FINANCIAL AUTHORITY . 6
642	621
643		-	13–608.
	622	+	(B) A PHOTOGRAPH TAKEN UND ER SUBSECTION (A) OF THIS SECTION MAY 7
	623	+	BE SUBSTITUTED FOR M ONEY AS EVIDENCE IN A CRIMINAL OR FORFEI TURE 8
	624	+	PROCEEDING . 9
644	625
645		-	(A) THE CHIEF LAW ENFORCE MENT OFFICER OF THE SEIZING AUTHORITY
646		-	THAT SEIZES A MOTOR VEHIC LE USED IN VIOLATION OF § 9–804 OF THE CRIMINAL
647		-	LAW ARTICLE MAY RECOMMEND TO THE APPROPRIATE F ORFEITING AUTHORITY IN
648		-	WRITING THAT THE MOT OR VEHICLE BE FORFEI TED ONLY IF THE OFFI CER:
649		-	WES MOORE, Governor Ch. 934
	626	+	13–606. 10
650	627
651		-	– 15 –
652		-	(1) DETERMINES FROM THE RECORDS OF THE MOTOR VEHICLE
653		-	ADMINISTRATION THE NA MES AND ADDRESSES OF ALL REGISTERED OWNER S AND
654		-	SECURED PARTIES AS D EFINED IN STATE LAW;
	628	+	(A) PROPERTY SEIZED UNDER THIS SUBTITLE: 11
655	629
656		-	(2) PERSONALLY REVIEWS T HE FACTS AND CIRCUMS TANCES OF THE
657		-	SEIZURE; AND
	630	+	(1) IS NOT REPLEVIABLE ; BUT 12
658	631
659		-	(3) ~~PERSONALLY DETERMINE S, ACCORDING TO~~ THE ~~STA NDARDS~~
660		-	~~LISTED IN § 13–607 OF THIS SUBTITLE~~ , AND ~~REPRESENTS IN WR ITING THAT~~
661		-	~~FORFEITURE IS WARRAN TED~~.
	632	+	(2) IS IN THE CUSTODY OF TH E SEIZING AUTHORITY , SUBJECT ONLY 13
	633	+	TO THE ORDERS , JUDGMENTS , AND DECREES OF THE C OURT OR THE OFFICIAL 14
	634	+	HAVING JURISDICTION OVER THE PROPERTY . 15
662	635
663		-	(B) A SWORN AFFIDAVIT BY T HE CHIEF LAW ENFORCE MENT OFFICER THAT
664		-	THE OFFICER FOLLOWED THE REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION
665		-	IS ADMISSIBLE IN EVI DENCE IN A PROCEE DING UNDER THIS SUBT ITLE.
	636	+	(B) A SEIZING AUTHORITY MA Y PLACE SEIZED PROPE RTY UNDER SEAL AND 16
	637	+	REMOVE THE PROPERTY TO A PLACE DESIGNATED BY THE COURT. 17
666	638
667		-	13–~~609~~.
	639	+	13–607. 18
668	640
669		-	(A) ~~THE FORFEITING AUTHOR ITY SHALL SURRENDER THE~~ MOTOR ~~VEHICLE~~
670		-	~~ON REQUEST TO~~ THE ~~OW NER IF THE FORFEITIN G AUTHORITY DETERMIN ES,~~
671		-	~~INDEPENDENT OF~~ THE ~~D ECISION OF THE SEIZI NG~~ AUTHORITY ~~, THAT~~ THE TOTAL
672		-	~~CIRCUMSTANCES OF~~ THE CASE AS LISTED ~~UNDER § 13–607~~(B) OF THIS ~~SUBTITLE DO~~
673		-	~~NOT JUSTIFY FORFEITU RE~~.
	641	+	(A) A SEIZING AUTHORITY MA Y SEIZE A MOTOR VEHI CLE USED IN 19
	642	+	VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE AND RECOMMEND 20
	643	+	FORFEITURE TO THE FO RFEITING AUTHORITY I F THE TOTAL CIRCUMST ANCES OF 21
	644	+	THE CASE AS LISTED I N SUBSECTION (B) OF THIS SECTION DICT ATE THAT SEIZURE 22
	645	+	AND FORFEITURE ARE J USTIFIED. 23
674	646
675		-	(B) IN A PROCEEDING UNDER THIS SUBTITLE, THE COURT MAY DETERM INE,
676		-	BASED ON THE CIRCUMS TANCES LISTED IN § 13–607(B) OF THIS SUBTITLE ,
677		-	WHETHER THE SEIZING AUTHORITY OR FORFEIT ING AUTHORITY ABUSED ITS
678		-	DISCRETION OR WAS CL EARLY ERRONEOUS :
	647	+	(B) CIRCUMSTANCES TO BE C ONSIDERED IN DECIDIN G WHETHER SEIZURE 24
	648	+	AND FORFEITURE ARE J USTIFIED INCLUDE : 25
679	649
680		-	(1) IN RECOMMENDING THE FORFEITURE OF A MOTO R VEHICLE; OR
	650	+	(1) EVIDENCE THAT THE MO TOR VEHICLE WAS ACQU IRED BY USE OF 26
	651	+	PROCEEDS FROM A TRANSACTION I NVOLVING A VIOLATION OF § 9–804 OF THE 27
	652	+	CRIMINAL LAW ARTICLE; 28
681	653
682		-	(2) IN NOT SURRENDERING ON REQUEST A MOTOR V EHICLE TO AN
683		-	OWNER.
	654	+	(2) THE CIRCUMSTANCES OF THE ARREST; AND 29
684	655
685		-	~~13–610~~.
	656	+	(3) THE WAY IN WHICH THE MOTOR VEHICLE WAS US ED. 30 HOUSE BILL 1063 15
686	657
687		-	(A) (1) EXCEPT AS PROVIDED IN §§ 13–612 AND 13–613 OF THIS
688		-	SUBTITLE, AN OWNER OF SEIZED P ROPERTY WHO WISHES T O OBTAIN POSSESSION
689		-	OF THE PROPERTY , TO CONVEY AN INTERES T IN REAL PROPERTY , OR TO REMOVE A
690		-	BUILDING OR FIXTURE FROM REAL PROPERTY S HALL NOTIFY THE CLER K OF THE
691		-	PROPER COURT .
692	658
693		-	(2) IF FORFEITURE PROCEEDINGS HAVE BEG UN, THE PROPER COURT
694		-	IS THE COURT WHERE T HE PROCEEDINGS HAVE BEGUN.
695		-	Ch. 934 2024 LAWS OF MARYLAND
696	659
697		-	– 16 –
698		-	(3) IF CRIMINAL PROCEEDIN GS HAVE BEGUN BUT FO RFEITURE
699		-	PROCEEDINGS HAVE NOT BEGUN, THE PROPER COURT IS THE COURT WHERE THE
700		-	CRIMINAL PROCEEDINGS HAVE BEGUN.
	660	+	13–608. 1
701	661
702		-	(4) IF BOTH FORFEITURE PROC EEDINGS AND CRIMINAL
703		-	PROCEEDINGS HAVE NOT BEGUN, THE PROPER COURT IS THE CIRCUIT COURT FO R
704		-	THE COUNTY WHERE THE PROPERTY WAS SEIZED .
	662	+	(A) THE CHIEF LAW ENFORCE MENT OFFICER OF THE SEIZING AUTHORITY 2
	663	+	THAT SEIZES A MOTOR VEHIC LE USED IN VIOLATION OF § 9–804 OF THE CRIMINAL 3
	664	+	LAW ARTICLE MAY RECOMMEND TO THE APPROPRIATE F ORFEITING AUTHORITY IN 4
	665	+	WRITING THAT THE MOT OR VEHICLE BE FORFEI TED ONLY IF THE OFFI CER: 5
705	666
706		-	~~(B)~~ (1) ~~UNLESS~~ THE ~~FORFEITING AUTHORITY AND~~ THE ~~OW NER AGREE TO~~
707		-	~~A BOND IN ANOTHER AM OUNT,~~ ~~IF A MOTOR VEHICLE IS NOT NEEDE D FOR~~
708		-	~~EVIDENTIARY PURPOSES~~ IN ~~A JUDICIAL PROCEE DING:~~
	667	+	(1) DETERMINES FROM THE RECORDS OF THE MOTOR VEHICLE 6
	668	+	ADMINISTRATION THE NA MES AND ADDRESSES OF ALL REGISTERED OWNER S AND 7
	669	+	SECURED PARTIES AS D EFINED IN STATE LAW; 8
709	670
710		-	(I) THE COURT SHALL APPR AISE THE VALUE OF TH E MOTOR
711		-	VEHICLE ON THE BASIS OF THE AVERAGE VALUE OF THE MOTOR VEHICLE SET
712		-	FORTH IN THE NATIONAL AUTOMOBILE DEALERS ASSOCIATION OFFICIA L USED
713		-	CAR GUIDE; OR
	671	+	(2) PERSONALLY REVIEWS T HE FACTS AND CIRCUMS TANCES OF THE 9
	672	+	SEIZURE; AND 10
714	673
715		-	(II) IF THE OWNER SHOWS T HAT A LIEN IS ON THE MOTOR
716		-	VEHICLE AND THE OWNE R AGREES TO MAKE THE REQUIRED PAYMENTS TO THE
717		-	LIENHOLDER , THE COURT SHALL REQU IRE A BOND IN AN AMO UNT OF THE AVERAGE
718		-	VALUE OF THE MOTOR V EHICLE SET FORTH IN THE NATIONAL AUTOMOBILE
719		-	DEALERS ASSOCIATION OFFICIAL USED CAR GUIDE , LESS THE AMOUNT OWED ON
720		-	THE LIEN.
	674	+	(3) PERSONALLY DETERMINE S, ACCORDING TO THE STA NDARDS 11
	675	+	LISTED IN § 13–607 OF THIS SUBTITLE , AND REPRESENTS IN WR ITING THAT 12
	676	+	FORFEITURE IS WARRAN TED. 13
721	677
722		-	(2) ~~FOR~~ A ~~MOTOR VEHICLE , THE COURT SHALL APPR AISE THE VALUE~~
723		-	IN THE ~~MANNER PROVID ED IN~~ THIS ~~SUBSECTIO N AND PROVIDE THE AP PRAISAL IN~~
724		-	~~WRITING TO THE CLERK OF THE COURT~~.
	678	+	(B) A SWORN AFFIDAVIT BY T HE CHIEF LAW ENFORCE MENT OFFICER THAT 14
	679	+	THE OFFICER FOLLOWED THE REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION 15
	680	+	IS ADMISSIBLE IN EVI DENCE IN A PROCEE DING UNDER THIS SUBT ITLE. 16
725	681
726		-	(C) (1) IF PROPERTY OTHER THA N A MOTOR VEHICLE IS NOT NEEDED
727		-	FOR EVIDENTIARY PURP OSES IN A JUDICIAL P ROCEEDING, THE CLERK SHALL
728		-	OBTAIN AN INDEPENDEN T APPRAISAL OF THE V ALUE OF THE PROPERTY .
	682	+	13–609. 17
729	683
730		-	(2) THE SHERIFF OR OTHER PERSON RESPONSIBLE F OR AN
731		-	APPRAISAL UNDER THIS SUBSECTION SHALL PRO MPTLY:
	684	+	(A) THE FORFEITING AUTHOR ITY SHALL SURRENDER THE MOTOR VEHICLE 18
	685	+	ON REQUEST TO THE OW NER IF THE FORFEITIN G AUTHORITY DETERMIN ES, 19
	686	+	INDEPENDENT OF THE D ECISION OF THE SEIZI NG AUTHORITY , THAT THE TOTAL 20
	687	+	CIRCUMSTANCES OF THE CASE AS LISTED UNDER § 13–607(B) OF THIS SUBTITLE DO 21
	688	+	NOT JUSTIFY FORFEITU RE. 22
732	689
733		-	(I) INSPECT AND APPRAISE THE VALUE OF THE PRO PERTY; AND
	690	+	(B) IN A PROCEEDING UNDER THIS SUBTITLE, THE COURT MAY DETERM INE, 23
	691	+	BASED ON THE CIRCUMS TANCES LISTED IN § 13–607(B) OF THIS SUBTITLE , 24
	692	+	WHETHER THE SEIZING AUTHORITY OR FORFEIT ING AUTHORITY ABUSED ITS 25
	693	+	DISCRETION OR WAS CL EARLY ERRONEOUS : 26
734	694
735		-	(II) RETURN THE APPRAISAL IN WRITING UNDER OAT H TO THE
736		-	CLERK OF THE COURT .
	695	+	(1) IN RECOMMENDING THE FORFEITURE OF A MOTO R VEHICLE; OR 27
737	696
738		-	(D) NOTICE OF THE APPRAIS AL SHALL BE SENT TO ALL LIENHOLDERS
739		-	SHOWN IN THE RECORDS REQUIRED BY LAW FOR NOTICE OR THE PERFEC TION OF
740		-	THE LIEN. WES MOORE, Governor Ch. 934
	697	+	(2) IN NOT SURRENDERING ON REQUEST A MOTOR V EHICLE TO AN 28
	698	+	OWNER. 29
741	699
742		-	– 17 –
	700	+	13–610. 30
	701	+	16 HOUSE BILL 1063
743	702
744		-	(E) (1) ON THE FILING OF AN A PPRAISAL, THE OWNER MAY GIVE B OND
745		-	PAYABLE TO THE CLERK OF THE COURT IN AN A MOUNT EQUAL TO THE G REATER OF:
746	703
747		-	(I) THE APPRAISED VALUE OF THE PROPERTY PLUS ANY
748		-	ACCRUED COSTS ; OR
	704	+	(A) (1) EXCEPT AS PROVIDED IN §§ 13–612 AND 13–613 OF THIS 1
	705	+	SUBTITLE, AN OWNER OF SEIZED P ROPERTY WHO WISHES T O OBTAIN POSSESSION 2
	706	+	OF THE PROPERTY , TO CONVEY AN INTERES T IN REAL PROPERTY , OR TO REMOVE A 3
	707	+	BUILDING OR FIXTURE FROM REAL PROPERTY S HALL NOTIFY THE CLER K OF THE 4
	708	+	PROPER COURT . 5
749	709
750		-	(II) THE AGGREGATE AMOUNT OF THE LIENS ON THE PROPERTY
751		-	THAT ARE SHOWN IN TH E RECORDS REQUIRED B Y LAW FOR THE NOTICE OR
752		-	PERFECTION OF LIENS .
	710	+	(2) IF FORFEITURE PROCEED INGS HAVE BEGUN, THE PROPER COURT 6
	711	+	IS THE COURT WHERE T HE PROCEEDINGS HAVE BEGUN. 7
753	712
754		-	(2) ~~A PERSON MAY GIVE A BO ND UNDER THIS SUBSEC TION BY CASH,~~
755		-	~~THROUGH A SUR ETY~~, ~~THROUGH A LIEN ON RE AL PROPERTY , OR BY OTHER MEANS~~
756		-	~~THAT THE CLERK APPRO VES~~.
	713	+	(3) IF CRIMINAL PROCEEDIN GS HAVE BEGUN BUT FO RFEITURE 8
	714	+	PROCEEDINGS HAVE NOT BEGUN, THE PROPER COURT IS THE COURT WHERE THE 9
	715	+	CRIMINAL PROCEEDINGS HAVE BEGUN. 10
757	716
758		-	(3) A BOND AUTHORIZED UNDE R THIS SUBSECTION SH ALL BE:
	717	+	(4) IF BOTH FORFE ITURE PROCEEDINGS AN D CRIMINAL 11
	718	+	PROCEEDINGS HAVE NOT BEGUN, THE PROPER COURT IS THE CIRCUIT COURT FO R 12
	719	+	THE COUNTY WHERE THE PROPERTY WAS SEIZED . 13
759	720
760		-	(I) CONDITIONED FOR PERF ORMANCE ON FINAL JUD GMENT BY
761		-	THE COURT;
	721	+	(B) (1) UNLESS THE FORFEITING AUTHORITY AND THE OW NER AGREE TO 14
	722	+	A BOND IN ANOTHER AM OUNT, IF A MOTOR VEHICLE I S NOT NEEDED FOR 15
	723	+	EVIDENTIARY PURPOSES IN A JUDICIAL PROCEE DING: 16
762	724
763		-	(II) FILED IN THE DISTRICT COURT OR CIRCUIT COURT WHERE
764		-	THE CRIMINAL ACTION THAT GAVE RISE TO TH E SEIZURE IS PENDING ; AND
	725	+	(I) THE COURT SHALL APPR AISE THE VALUE OF TH E MOTOR 17
	726	+	VEHICLE ON THE BASIS OF THE AVERAGE VALUE OF THE MOTOR VEHICLE SET 18
	727	+	FORTH IN THE NATIONAL AUTOMOBILE DEALERS ASSOCIATION OFFICIAL USED 19
	728	+	CAR GUIDE; OR 20
765	729
766		-	(III) UNLESS A COMPLAINT F OR FORFEITURE HAS BE EN FILED,
767		-	PART OF THE SAME CRI MINAL PROCEEDING .
	730	+	(II) IF THE OWNER SHOWS T HAT A LIEN IS ON THE MOTOR 21
	731	+	VEHICLE AND THE OWNE R AGREES TO MAKE THE REQUIRED PAYMENTS TO THE 22
	732	+	LIENHOLDER , THE COURT SHALL REQU IRE A BOND IN AN AMO UNT OF THE AVERAGE 23
	733	+	VALUE OF THE MOTOR V EHICLE SET FORTH IN THE NATIONAL AUTOMOBILE 24
	734	+	DEALERS ASSOCIATION OFFICIAL USED CAR GUIDE , LESS THE AMOUNT OWED ON 25
	735	+	THE LIEN. 26
768	736
769		-	(4) IF A ~~CRIMINAL ACTION IS NOT PENDING OR A FORFEITURE~~
770		-	~~COMPLAINT HAS NOT BE EN FILED, THE BOND SHALL BE FI LED~~ IN THE ~~CIRCUIT~~
771		-	~~COURT OR DISTRICT COURT WHERE~~ THE ~~PROPE RTY WAS SEIZED~~.
	737	+	(2) FOR A MOTOR VEHICLE , THE COURT SHALL APPR AISE THE VALUE 27
	738	+	IN THE MANNER PROVID ED IN THIS SUBSECTIO N AND PROVIDE THE AP PRAISAL IN 28
	739	+	WRITING TO THE CLERK OF THE COUR T. 29
772	740
773		-	(F) (1) IF THE COURT ORDERS T HAT PROPERTY OR AN I NTEREST OR
774		-	EQUITY IN THE PROPER TY OR PROCEEDS BE FO RFEITED UNDER THIS S UBTITLE, THE
775		-	COURT SHALL ENTER JUDGMENT IN THE AMOU NT OF THE BOND AGAIN ST THE
776		-	OBLIGORS ON THE BOND WITHOUT FURTHER PROC EEDINGS.
	741	+	(C) (1) IF PROPERTY OTHER THA N A MOTOR VEHICLE IS NOT NEEDED 30
	742	+	FOR EVIDENTIARY PURP OSES IN A JUDICIAL P ROCEEDING, THE CLERK SHALL 31
	743	+	OBTAIN AN INDEPENDEN T APPRAISAL OF THE V ALUE OF THE PROPERTY . 32
777	744
778		-	(2) PAYMENT OF THE AMOUNT OF THE BOND SHALL BE APPLIED AS
779		-	PROVIDED UNDER § 13–628(C)(3) OF THIS SUBTITLE.
	745	+	(2) THE SHERIFF OR OTHER PERSON RESPONSIBLE F OR AN 33
	746	+	APPRAISAL UNDER THIS SUBSEC TION SHALL PROMPTLY : 34
	747	+	HOUSE BILL 1063 17
780	748
781		-	13–611.
782	749
783		-	~~SEIZURE OF REAL PROPE RTY OCCURS ON~~ THE ~~EARLIER~~ OF THE ~~FILIN G OF:~~
	750	+	(I) INSPECT AND APPRAISE THE VALUE OF THE PRO PERTY; AND 1
784	751
785		-	(1) ~~A COMPLAINT FOR FORF EITURE~~ UNDER ~~THIS SU BTITLE;~~ OR
786		-	~~Ch. 934 2024 LAWS~~ OF ~~MARYLAND~~
	752	+	(II) RETURN THE APPRAISAL IN WRITING UNDER OAT H TO THE 2
	753	+	CLERK OF THE COURT . 3
787	754
788		-	~~– 18 –~~
789		-	~~(2) A NOTICE OF PENDING LITIGATION~~ IN THE ~~CI RCUIT COURT~~ OF ~~THE~~
790		-	~~COUNTY WHERE~~ THE ~~REA L PROPERTY IS LOCATE D~~.
	755	+	(D) NOTICE OF THE APPRAIS AL SHALL BE SENT TO ALL LIENHOLDERS 4
	756	+	SHOWN IN THE RECORDS REQUIRED BY LAW FOR NOTICE OR TH E PERFECTION OF 5
	757	+	THE LIEN. 6
791	758
792		-	13–612.
	759	+	(E) (1) ON THE FILING OF AN A PPRAISAL, THE OWNER MAY GIVE B OND 7
	760	+	PAYABLE TO THE CLERK OF THE COURT IN AN A MOUNT EQUAL TO THE G REATER OF: 8
793	761
794		-	(A) SUBJECT TO THE RIGHTS OF A LIENHOLDER TO S ELL THE REAL
795		-	PROPERTY, AN OWNER OR AN OWNER ’S TENANT MAY REMAIN IN POSSESSION OF
796		-	SEIZED REAL PROPERTY UNTIL FORFEITURE IS ORDERED.
	762	+	(I) THE APPRAISED VALUE OF THE PROPERTY PLUS ANY 9
	763	+	ACCRUED COSTS ; OR 10
797	764
798		-	(B) THE ~~FORFEITING AUTHOR ITY MAY APPLY TO~~ THE ~~COURT FOR~~ THE
799		-	~~APPOINTMENT OF A REC EIVER TO APPLY INCOM~~ E ~~FROM INCOME –PRODUCING~~
800		-	~~PROPERTY~~.
	765	+	(II) THE AGGREGATE AMOUNT OF THE LIENS ON THE PROPERTY 11
	766	+	THAT ARE SHOWN IN TH E RECORDS REQUIRED B Y LAW FOR THE NOTICE OR 12
	767	+	PERFECTION OF LIENS . 13
801	768
802		-	(C) IF A PERSON WHO IS AN OWNER OR AN OWNER ’S TENANT REMAINS IN
803		-	POSSESSION OF THE RE AL PROPERTY AND THE PERSON’S INTEREST IN THE RE AL
804		-	PROPERTY IS FORFEITE D, THE PERSON IMMEDIATE LY SHALL SURRENDER T HE REAL
805		-	PROPERTY TO THE SEIZ ING AUTHORITY IN SUB STANTIALLY THE SAME CO NDITION
806		-	AS WHEN SEIZED .
	769	+	(2) A PERSON MAY GIVE A BO ND UNDER THIS SUBSEC TION BY CASH, 14
	770	+	THROUGH A SURETY , THROUGH A LIE N ON REAL PROPERTY , OR BY OTHER MEANS 15
	771	+	THAT THE CLERK APPRO VES. 16
807	772
808		-	~~13–613.~~
	773	+	(3) A BOND AUTHORIZED UNDE R THIS SUBSECTION SH ALL BE: 17
809	774
810		-	(A) THIS SECTION DOES NOT APPLY IF:
	775	+	(I) CONDITIONED FOR PERF ORMANCE ON FINAL JUD GMENT BY 18
	776	+	THE COURT; 19
811	777
812		-	(1) ~~AN ACT IS AGREED TO BY A FORFEITING AUTH ORITY~~ OR IS
813		-	~~ORDERED BY~~ THE ~~COURT~~ ; OR
	778	+	(II) FILED IN THE DISTRICT COURT OR CIRCUIT COUR T WHERE 20
	779	+	THE CRIMINAL ACTION THAT GAVE RISE TO THE SEI ZURE IS PENDING ; AND 21
814	780
815		-	(2) AN OWNER POSTS A BON D UNDER § 13–610 OF THIS SUBTITLE.
	781	+	(III) UNLESS A COMPLAINT F OR FORFEITURE HAS BE EN FILED, 22
	782	+	PART OF THE SAME CRI MINAL PROCEEDING . 23
816	783
817		-	(B) UNTIL THE COURT ENTERS JUDGMEN T IN FAVOR OF THE OW NER, AN
818		-	OWNER MAY NOT ATTEMP T TO:
	784	+	(4) IF A CRIMINAL ACTION IS NOT PENDING OR A FORFEITURE 24
	785	+	COMPLAINT HAS NOT BE EN FILED, THE BOND SHALL BE FILED IN THE CIRCUIT 25
	786	+	COURT OR DISTRICT COURT WHERE THE PROPE RTY WAS SEIZED. 26
819	787
820		-	(1) CONVEY OR ENCUMBER A N INTEREST IN SEIZED REAL PROPERTY ;
821		-	OR
	788	+	(F) (1) IF THE COURT ORDERS T HAT PROPERTY OR AN I NTEREST OR 27
	789	+	EQUITY IN THE PROPER TY OR PROCEEDS BE FO RFEITED UNDER THIS S UBTITLE, THE 28
	790	+	COURT SHALL ENTER JU DGMENT IN THE AMOUNT OF THE BOND A GAINST THE 29
	791	+	OBLIGORS ON THE BOND WITHOUT FURTHER PROC EEDINGS. 30
	792	+	18 HOUSE BILL 1063
822	793
823		-	(2) REMOVE A BUILDING OR FIXTURE ON SEIZED RE AL PROPERTY.
824	794
825		-	13–614.
	795	+	(2) PAYMENT OF THE AMOUNT OF THE BOND SHALL BE APPLIED AS 1
	796	+	PROVIDED UNDER § 13–628(C)(3) OF THIS SUBTITLE. 2
826	797
827		-	EXCEPT AS PROVIDED IN § 13–617(C) OF THIS SUBTITLE, IF PROPERTY IS
828		-	SEIZED UNDER § 13–604(2)(IV) OF THIS SUBTITLE BEC AUSE THERE IS PROBAB LE
829		-	CAUSE TO BELIEVE THA T THE PROPERTY IS DI RECTLY OR INDIRECTLY DANGEROUS
830		-	TO HEALTH OR SAFETY AND THAT THE PROPERT Y WAS OR WILL BE USE D TO VIOLATE WES MOORE, Governor Ch. 934
	798	+	13–611. 3
831	799
832		-	– 19 –
833		-	§ 9–804 OF THE CRIMINAL LAW ARTICLE, FORFEITURE PROCEEDIN GS UNDER THIS
834		-	SUBTITLE SHALL BE FI LED PROMPTLY .
	800	+	SEIZURE OF REAL PROPE RTY OCCURS ON THE EA RLIER OF THE FILING OF: 4
835	801
836		-	~~13–615.~~
	802	+	(1) A COMPLAINT FOR FORF EITURE UNDER THIS SU BTITLE; OR 5
837	803
838		-	EXCEPT AS PROVIDED IN § 13–616 OF THIS SUBTITLE , THE APPROPRIATE
839		-	FORFEITING AUTHORITY SHALL FILE PROCEEDIN GS UNDER THIS SUBTIT LE IN THE
840		-	CIRCUIT COURT .
	804	+	(2) A NOTICE OF PENDING LITIGATION IN THE CI RCUIT COURT OF THE 6
	805	+	COUNTY WHERE THE REA L PROPERTY IS LOCATE D. 7
841	806
842		-	13–~~616~~.
	807	+	13–612. 8
843	808
844		-	(A) TO APPLY FOR THE FORF EITURE OF MONEY , THE APPROPRIATE LOCA L
845		-	FINANCIAL AUTHORITY OR THE ATTORNEY GENERAL SHALL FILE A COMPLAINT AND
846		-	AFFIDAVIT IN THE DISTRICT COURT OR THE CIRCUIT COURT FOR THE COUNTY IN
847		-	WHICH THE MONEY WAS SEIZED.
	809	+	(A) SUBJECT TO THE RIGHTS OF A LIENHOLDER TO S ELL THE REAL 9
	810	+	PROPERTY, AN OWNER OR AN OWNER ’S TENANT MAY REMAIN IN POSSESSION OF 10
	811	+	SEIZED REAL PROPERTY UNTIL FORFEITURE IS ORDERED. 11
848	812
849		-	(B) THE COMPLAINT AND AFFIDAVI T SHALL BE SERVED IN ACCORDANCE
850		-	WITH THE MARYLAND RULES.
	813	+	(B) THE FORFEITING AUTHOR ITY MAY APPLY TO THE COURT FOR THE 12
	814	+	APPOINTMENT OF A REC EIVER TO APPLY INCOM E FROM INCOME –PRODUCING 13
	815	+	PROPERTY. 14
851	816
852		-	13–617.
	817	+	(C) IF A PERSON WHO IS AN OWN ER OR AN OWNER ’S TENANT REMAINS IN 15
	818	+	POSSESSION OF THE RE AL PROPERTY AND THE PERSON’S INTEREST IN THE RE AL 16
	819	+	PROPERTY IS FORFEITE D, THE PERSON IMMEDIATE LY SHALL SURRENDER T HE REAL 17
	820	+	PROPERTY TO THE SEIZ ING AUTHORITY IN SUB STANTIALLY THE SAME CONDITION 18
	821	+	AS WHEN SEIZED . 19
853	822
854		-	(A) EXCEPT AS PROVIDED UN DER SUBSECTIONS (B) AND (C) OF THIS
855		-	SECTION, A COMPLAINT SEEKING FORFEITURE SHALL BE FILED WITHIN THE
856		-	EARLIER OF:
	823	+	13–613. 20
857	824
858		-	(1) ~~90 DAYS AFTER THE SEIZ URE;~~ OR
	825	+	(A) THIS SECTION DOES NOT APPLY IF: 21
859	826
860		-	(2) ~~1 YEAR AFTER THE FINAL DISPOSITION OF THE C RIMINAL CHARGE~~
861		-	~~FOR~~ THE ~~VIOLATION GI VING RISE TO THE FOR FEITURE.~~
	827	+	(1) AN ACT IS AGREED TO BY A FORFEITING AUTH ORITY OR IS 22
	828	+	ORDERED BY THE COURT ; OR 23
862	829
863		-	(B) A COMPLAINT FOR THE FO RFEITURE OF A MOTOR VEHICLE SHALL BE
864		-	FILED WITHIN 45 DAYS AFTER THE MOTOR VEHICLE IS SEIZED.
	830	+	(2) AN OWNER POSTS A BON D UNDER § 13–610 OF THIS SUBTITLE. 24
865	831
866		-	(C) (1) A PROCEEDING ABOUT MON EY SHALL BE FILED WI THIN 90 DAYS
867		-	AFTER THE FINAL DISP OSITION OF CRIMINAL PROCEEDINGS THAT ARI SE OUT OF
868		-	THE CRIMINAL ORGANIZATIONS LAW .
	832	+	(B) UNTIL THE COURT ENTER S JUDGMENT IN FAVOR OF THE OWNER , AN 25
	833	+	OWNER MAY NOT ATTEMP T TO: 26
869	834
870		-	(2) IF THE STATE OR A POLITICAL SUBDIVISION DOES NOT FILE
871		-	PROCEEDINGS ABOUT MO NEY WITHIN THE 90–DAY PERIOD, THE MONEY SEIZED
872		-	UNDER THIS SUBTITLE SHALL BE RETURNED TO THE OWNER ON REQUEST BY THE
873		-	OWNER.
874		-	Ch. 934 2024 LAWS OF MARYLAND
	835	+	(1) CONVEY OR ENCUMBER A N INTEREST IN SEIZED REAL PROPERTY ; 27
	836	+	OR 28
875	837
876		-	– 20 –
877		-	(3) IF THE OWNER FAILS TO ASK FOR THE RETURN O F THE MONEY
878		-	WITHIN 1 YEAR AFTER THE FINAL DISPOSITION OF CRIMI NAL PROCEEDINGS , THE
879		-	MONEY SHALL REVERT T O:
	838	+	(2) REMOVE A BUILDING OR FIXTURE ON SEIZED RE AL PROPERTY. 29
	839	+	HOUSE BILL 1063 19
880	840
881		-	(I) THE POLITICAL SUBDIV ISION IN WHICH THE M ONEY WAS
882		-	SEIZED; OR
883	841
884		-	(II) THE STATE, IF THE MONEY WAS SEI ZED BY STATE
885		-	AUTHORITIES.
	842	+	13–614. 1
886	843
887		-	13–618.
	844	+	EXCEPT AS PROVIDED IN § 13–617(C) OF THIS SUBTITLE , IF PROPERTY IS 2
	845	+	SEIZED UNDER § 13–604(2)(IV) OF THIS SUBTITLE BEC AUSE THERE IS PROBAB LE 3
	846	+	CAUSE TO BELIEVE THA T THE PROPERTY IS DI RECTLY OR INDIRECTLY DANGEROUS 4
	847	+	TO HEALTH OR SAFETY AND THAT THE PROPERT Y WAS OR WILL BE USE D TO VIOLATE 5
	848	+	§ 9–804 OF THE CRIMINAL LAW ARTICLE, FORFEITURE PROCEEDIN GS UNDER THIS 6
	849	+	SUBTITLE SHALL BE FI LED PROMPTLY . 7
888	850
889		-	~~(A) A COMPLAINT SEEKING FO RFEITURE SHALL CONTA IN:~~
	851	+	13–615. 8
890	852
891		-	(1) A DESCRIPTION OF THE PROPERTY SEIZED ;
	853	+	EXCEPT AS PROVIDED IN § 13–616 OF THIS SUBTITLE , THE APPROPRIATE 9
	854	+	FORFEITING AUTHORITY SHALL FILE PROCEEDIN GS UNDER THIS SUBTIT LE IN THE 10
	855	+	CIRCUIT COURT . 11
892	856
893		-	~~(2) THE DATE AND PLACE OF TH E SEIZURE;~~
	857	+	13–616. 12
894	858
895		-	(3) THE NAME OF THE OWNE R, IF KNOWN;
	859	+	(A) TO APPLY FOR THE FORFEI TURE OF MONEY , THE APPROPRIATE LOCA L 13
	860	+	FINANCIAL AUTHORITY OR THE ATTORNEY GENERAL SHALL FILE A COMPLAINT AND 14
	861	+	AFFIDAVIT IN THE DISTRICT COURT OR THE CIRCUIT COURT FOR THE COUNTY IN 15
	862	+	WHICH THE MONEY WAS SEIZED. 16
896	863
897		-	(4) THE NAME OF THE PERS ON IN POSSESSION , IF KNOWN;
	864	+	(B) THE COMPLAINT AND AFF IDAVIT SHALL BE SERVED IN ACCORDANCE 17
	865	+	WITH THE MARYLAND RULES. 18
898	866
899		-	(5) THE NAME OF EACH LIE NHOLDER, IF KNOWN OR REASONAB LY
900		-	SUBJECT TO DISCOVERY ;
	867	+	13–617. 19
901	868
902		-	(6) AN ALLEGATION THAT T HE PROPERTY IS SUBJE CT TO
903		-	FORFEITURE;
	869	+	(A) EXCEPT AS PROVIDED UN DER SUBSECTIONS (B) AND (C) OF THIS 20
	870	+	SECTION, A COMPLAINT SEEKING FORFEITURE SHALL BE FILED WITHIN THE 21
	871	+	EARLIER OF: 22
904	872
905		-	(7) IF THE FORFEITING AU THORITY SEEKS TO FOR FEIT A
906		-	LIENHOLDER ’S INTEREST IN PROPER TY, AN ALLEGATION THAT T HE LIEN WAS
907		-	CREATED WITH ACTUAL KNOWLEDGE THAT THE P ROPERTY WAS BEING OR WAS TO
908		-	BE USED IN VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE;
	873	+	(1) 90 DAYS AFTER THE SEIZU RE; OR 23
909	874
910		-	(8) ~~A STATEMENT~~ OF THE F ~~ACTS AND CIRCUMSTANC ES~~
911		-	~~SURROUNDING~~ THE ~~SEIZ URE;~~
	875	+	(2) 1 YEAR AFTER THE FINAL DISPOSITION OF THE C RIMINAL CHARGE 24
	876	+	FOR THE VIOLATION GI VING RISE TO THE FOR FEITURE. 25
912	877
913		-	(9) A ~~STATEMENT SETTING FORTH~~ THE ~~SPECIFIC G ROUNDS FOR~~
914		-	~~FORFEITURE; AND~~
	878	+	(B) A COMPLAINT FOR THE FO RFEITURE OF A MOTOR VEHICLE SHALL BE 26
	879	+	FILED WITHIN 45 DAYS AFTER THE MOTOR VEHICLE IS SEIZED. 27
915	880
916		-	(10) ~~AN OATH OR AFFIRMATI ON BY THE FORFEITING AUTHORITY THAT~~
917		-	THE ~~CONTENTS~~ OF ~~THE COMPLAINT ARE TRUE TO THE BEST~~ OF ~~THE FORFEITING~~
918		-	~~AUTHORITY’S KNOWLEDGE , INFORMATION , AND BELIEF~~.
919		-	~~WES MOORE,~~ ~~Governor~~ ~~Ch. 934~~
	881	+	(C) (1) A PROCEEDING ABOUT MONEY SHALL BE FILED WITHIN 90 DAYS 28
	882	+	AFTER THE FINAL DISP OSITION OF CRIMINAL PROCEEDINGS THAT ARI SE OUT OF 29
	883	+	THE CRIMINAL ORGANIZATIONS LAW . 30
	884	+	20 HOUSE BILL 1063
920	885
921		-	– 21 –
922		-	(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , COPIES OF THE
923		-	SUMMONS AND COMPLAIN T SHALL BE SENT BY C ERTIFIED MAIL REQUES TING
924		-	“RESTRICTED DELIVERY – SHOW TO WHOM , DATE, ADDRESS OF DELIVERY ” AND
925		-	FIRST–CLASS MAIL TO ALL KN OWN OWNERS AND LIENH OLDERS WHOSE IDENTIT IES
926		-	ARE REASONABLY SUBJE CT TO DISCOVERY , INCLUDING ALL REAL P ROPERTY
927		-	OWNERS AND LIENHOLDE RS SHOWN IN THE RECO RDS REQUIRED BY LAW FOR
928		-	NOTICE OR PERFECTION OF THE LIEN.
929	886
930		-	13–619.
	887	+	(2) IF THE STATE OR A POLITICAL SUBDIVISION DOES NOT FILE 1
	888	+	PROCEEDINGS ABOUT MO NEY WITHIN THE 90–DAY PERIOD, THE MON EY SEIZED 2
	889	+	UNDER THIS SUBTITLE SHALL BE RETURNED TO THE OWNER ON REQUEST BY THE 3
	890	+	OWNER. 4
931	891
932		-	(A) A NOTICE SHALL BE SIGN ED BY THE CLERK OF T HE COURT AND SHALL :
	892	+	(3) IF THE OWNER FAILS TO ASK FOR THE RETURN O F THE MONEY 5
	893	+	WITHIN 1 YEAR AFTER THE FINAL DISPOSITION OF CRIMI NAL PROCEEDINGS , THE 6
	894	+	MONEY SHALL REVERT T O: 7
933	895
934		-	(1) INCLUDE THE CAPTION OF THE CASE;
	896	+	(I) THE POLITICAL SUBDIVISION I N WHICH THE MONEY WA S 8
	897	+	SEIZED; OR 9
935	898
936		-	(2) ~~DESCRIBE~~ THE ~~SUBSTAN CE OF~~ THE ~~COMPLAINT AND THE RELIEF~~
937		-	~~SOUGHT;~~
	899	+	(II) THE STATE, IF THE MONEY WAS SEI ZED BY STATE 10
	900	+	AUTHORITIES. 11
938	901
939		-	~~(3) STATE THE LATEST DAT E ON WHICH A RESPONS E MAY BE FILED;~~
	902	+	13–618. 12
940	903
941		-	(4) STATE THAT THE PROPE RTY SHALL BE FORFEIT ED IF A RESPONSE
942		-	IS NOT FILED ON TIME ;
	904	+	(A) A COMPLAINT SEEKING FO RFEITURE SHALL CONTA IN: 13
943	905
944		-	(5) STATE THAT THE OWNER OF THE PROPERTY MAY HAVE
945		-	POSSESSION OF THE PR OPERTY PENDING FORFE ITURE BY POSTING A B OND AS
946		-	PROVIDED IN § 13–610 OF THIS SUBTITLE; AND
	906	+	(1) A DESCRIPTION OF THE PROPERTY SEIZED ; 14
947	907
948		-	(6) TELL WHERE TO FILE A RESPONSE AND WHOM TO CONTACT FOR
949		-	MORE INFORMATION CON CERNING THE FORFEITU RE.
	908	+	(2) THE DATE AND PLACE O F THE SEIZURE; 15
950	909
951		-	(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , THE NOTICE
952		-	SHALL BE:
	910	+	(3) THE NAME OF THE OWNE R, IF KNOWN; 16
953	911
954		-	(1) POSTED BY THE SHERIF F ON THE DOOR OF THE COURTHOUSE
955		-	WHERE THE ACTIO N IS PENDING OR ON A BULLETIN BOARD WITHI N THE IMMEDIATE
956		-	VICINITY OF THE DOOR ;
	912	+	(4) THE NAME OF THE PERS ON IN POSSESSION , IF KNOWN; 17
957	913
958		-	(2) ~~POSTED BY~~ THE ~~SHERIF F IN A CONSPICUOUS P LACE ON THE LAND~~ ,
959		-	~~IF FORFEITURE OF REA L PROPERTY IS SOUGHT~~ ; ~~AND~~
	914	+	(5) THE NAME OF EACH LIE NHOLDER, IF KNOWN OR REASONAB LY 18
	915	+	SUBJECT TO DISCOVERY ; 19
960	916
961		-	(3) PUBLISHED AT LEAST O NCE A WEEK IN EACH O F 3 SUCCESSIVE
962		-	WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED IN THE COU NTY IN
963		-	WHICH THE ACTION IS PENDING, UNLESS THE PROPERTY IS A BOAT OR MOTOR
964		-	VEHICLE.
965		-	Ch. 934 2024 LAWS OF MARYLAND
	917	+	(6) AN ALLEGATION THAT T HE PROPERTY IS SUBJE CT TO 20
	918	+	FORFEITURE; 21
966	919
967		-	– 22 –
968		-	13–620.
	920	+	(7) IF THE FORFEITING AU THORITY SEEKS TO FOR FEIT A 22
	921	+	LIENHOLDER ’S INTEREST IN PROPER TY, AN ALLEGATION THAT T HE LIEN WAS 23
	922	+	CREATED WITH ACTUAL KNOWLEDGE THAT THE P ROPERTY WAS BEING OR WAS TO 24
	923	+	BE USED IN VIOLATION OF § 9–804 OF THE CRIMINAL LAW ARTICLE; 25
969	924
970		-	THE ANSWER TO A COMPL AINT SHALL:
	925	+	(8) A STATEMENT OF THE FAC TS AND CIRCUMSTANCES 26
	926	+	SURROUNDING THE SEIZ URE; 27
971	927
972		-	(1) COMPLY WITH THE MARYLAND RULES;
	928	+	(9) A STATEMENT SETTING FORTH THE SPECIFIC G ROUNDS FOR 28
	929	+	FORFEITURE; AND 29
	930	+	HOUSE BILL 1063 21
973	931
974		-	(2) STATE THE NATURE AND EXTENT OF THE PERSON ’S RIGHT IN,
975		-	TITLE TO, OR INTEREST IN THE P ROPERTY;
976	932
977		-	(3) STATE HOW AND WHEN T HE PERSON ACQUIRED A RIGHT IN, TITLE
978		-	TO, OR INTEREST IN THE P ROPERTY; AND
	933	+	(10) AN OATH OR AFFIRMATI ON BY THE FORFEITING AUTHORITY THAT 1
	934	+	THE CONTENTS OF THE COMPLAINT ARE TRUE T O THE BEST OF THE FORFEITING 2
	935	+	AUTHORITY’S KNOWLEDGE , INFORMATION , AND BELIEF. 3
979	936
980		-	(4) CONTAIN A REQUEST FO R RELIEF AND A REQUE ST FOR A PROMPT
981		-	HEARING.
	937	+	(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , COPIES OF THE 4
	938	+	SUMMONS AND COMPLAIN T SHALL BE SENT BY C ERTIFIED MAIL REQUES TING 5
	939	+	“RESTRICTED DELIVERY – SHOW TO WHOM , DATE, ADDRESS OF D ELIVERY” AND 6
	940	+	FIRST–CLASS MAIL TO ALL KN OWN OWNERS AND LIENH OLDERS WHOSE IDENTIT IES 7
	941	+	ARE REASONABLY SUBJE CT TO DISCOVERY , INCLUDING ALL REAL P ROPERTY 8
	942	+	OWNERS AND LIENHOLDE RS SHOWN IN THE RECO RDS REQUIRED BY LAW FOR 9
	943	+	NOTICE OR PERFECTION OF THE LIEN. 10
982	944
983		-	13–~~621~~.
	945	+	13–619. 11
984	946
985		-	(A) IF AN ANSWER HAS BEEN FILED ON TIME , THE COURT SHALL SET A
986		-	HEARING ON THE FORFE ITURE CLAIM WITHIN 60 DAYS AFTER THE LATER OF:
	947	+	(A) A NOTICE SHALL BE SIGN ED BY THE CLERK OF T HE COURT AND SHALL : 12
987	948
988		-	(1) POSTING OF NOTICE UN DER § 13–619(B)(1) OR (2) OF THIS
989		-	SUBTITLE; OR
	949	+	(1) INCLUDE THE CAPTION OF THE CASE; 13
990	950
991		-	(2) ~~FINAL PUBLICATION~~ OF ~~NOTICE UNDER § 13–619(B)(3) OF THIS~~
992		-	~~SUBTITLE.~~
	951	+	(2) DESCRIBE THE SUBSTAN CE OF THE COMPLAINT AND THE RELIEF 14
	952	+	SOUGHT; 15
993	953
994		-	(B) WITHOUT A HEARING , THE COURT MAY ORDER FORFEITURE OF THE
995		-	PROPERTY INTEREST OF A PERSON WHO FAILS T O TIMELY FILE AN ANS WER.
	954	+	(3) STATE THE LATEST DAT E ON WHICH A RESPONS E MAY BE FILED; 16
996	955
997		-	13–622.
	956	+	(4) STATE THAT THE PROPERTY SH ALL BE FORFEITED IF A RESPONSE 17
	957	+	IS NOT FILED ON TIME ; 18
998	958
999		-	EXCEPT AS PROVIDED IN §§ 13–603 AND 13–624 OF THIS SUBTITLE , AN
1000		-	OWNER’S INTEREST IN REAL PROPERTY MAY BE FORFEITED IF THE OWN ER OF THE
1001		-	REAL PROPERTY IS CON VICTED OF VIOLATING § 9–804 OF THE CRIMINAL LAW
1002		-	ARTICLE OR ATTEMPTING OR CONSPIRING TO VIO LATE § 9–804 OF THE CRIMINAL
1003		-	LAW ARTICLE.
	959	+	(5) STATE THAT THE OWNER OF THE PROPERTY MAY HAVE 19
	960	+	POSSESSION OF THE PR OPERTY PENDING FORFE ITURE BY POSTING A B OND AS 20
	961	+	PROVIDED IN § 13–610 OF THIS SUBTITLE; AND 21
1004	962
1005		-	13–623.
	963	+	(6) TELL WHERE TO FILE A RESPONSE AND WHOM TO CONTACT FOR 22
	964	+	MORE INFORMATION CON CERNING THE FORFEITU RE. 23
1006	965
1007		-	(A) ~~FORFEITURE PROCEEDING S FOR REAL PROPERTY MAY BE BROU GHT IN~~
1008		-	~~THE JURISDICTION WHE RE~~:
	966	+	(B) WITHIN 20 DAYS AFTER THE FILIN G OF THE COMPLAINT , THE NOTICE 24
	967	+	SHALL BE: 25
1009	968
1010		-	(1) THE CRIMINAL CHARGES ARE PENDING;
1011		-	WES MOORE, Governor Ch. 934
	969	+	(1) POSTED BY THE SHERIF F ON THE DOOR OF THE COURTHOUSE 26
	970	+	WHERE THE ACTION IS PENDING OR ON A BULLETIN BOARD WITHI N THE IMMEDIATE 27
	971	+	VICINITY OF THE DOOR ; 28
1012	972
1013		-	– 23 –
1014		-	(2) THE OWNER RESIDES ; OR
	973	+	(2) POSTED BY THE SHERIF F IN A CONSPICUOUS P LACE ON THE LAND , 29
	974	+	IF FORFEITURE OF REA L PROPERTY IS SOUGHT ; AND 30
	975	+	22 HOUSE BILL 1063
1015	976
1016		-	(3) THE REAL PROPERTY IS LOCATED.
1017	977
1018		-	(B) (1~~) IF FORFEITURE PROCEED INGS FOR REAL PROPER TY ARE~~
1019		-	~~BROUGHT~~ IN A ~~JURISDI CTION OTHER THAN WHERE~~ THE ~~REAL PROPE RTY IS~~
1020		-	~~LOCATED~~, A ~~NOTICE OF PENDING LITIGATION SHALL BE FILED IN THE JURISDI CTION~~
1021		-	~~WHERE THE PROPERTY I S LOCATED~~.
	978	+	(3) PUBLISHED AT LEAST O NCE A WEEK IN EACH O F 3 SUCCESSIVE 1
	979	+	WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED IN THE COU NTY IN 2
	980	+	WHICH THE ACTION IS PENDING, UNLESS THE PROPERTY IS A BOAT OR MOTOR 3
	981	+	VEHICLE. 4
1022	982
1023		-	(2) A NOTICE OF PENDING LI TIGATION REQUIRED UN DER THIS
1024		-	SUBSECTION SHALL INC LUDE AT LEAST:
	983	+	13–620. 5
1025	984
1026		-	(I) THE NAME AND ADDRESS OF THE OWNER OF THE R EAL
1027		-	PROPERTY;
	985	+	THE ANSWER TO A COMPL AINT SHALL: 6
1028	986
1029		-	(II) ~~A DESCRIPTION OF~~ THE ~~REAL PROPERTY~~ ; ~~AND~~
	987	+	(1) COMPLY WITH THE MARYLAND RULES; 7
1030	988
1031		-	(~~III~~) ~~A DESCRIPTION~~ OF THE ~~REASONS FOR THE FILI NG OF THE~~
1032		-	~~FORFEITURE PROCEEDIN GS AND NOTICE OF PEN DING LITIGATION.~~
	989	+	(2) STATE THE NATURE AND EXTENT OF THE PERSON’S RIGHT IN, 8
	990	+	TITLE TO, OR INTEREST IN THE P ROPERTY; 9
1033	991
1034		-	13–624.
	992	+	(3) STATE HOW AND WHEN T HE PERSON ACQUIRED A RIGHT IN, TITLE 10
	993	+	TO, OR INTEREST IN THE P ROPERTY; AND 11
1035	994
1036		-	IF AN OWNER OF REAL P ROPERTY USED AS THE PRINCIPAL FAMILY
1037		-	RESIDENCE IS CONVICT ED UNDER § 9–804 OF THE CRIMINAL LAW ARTICLE OR IS
1038		-	CONVICTED OF AN ATTE MPT OR CONSPIRACY TO VIOLATE § 9–804 OF THE CRIMINAL
1039		-	LAW ARTICLE AND THE OWNER FILES AN APPEAL OF T HE CONVICTION , THE COURT
1040		-	SHALL STAY FORFEITUR E PROCEEDINGS UNDER § 13–603 OF THIS SUBTITLE
1041		-	AGAINST THE REAL PRO PERTY DURING THE PEN DENCY OF THE APPEAL .
	995	+	(4) CONTAIN A REQUEST FO R RELIEF AND A REQUE ST FOR A PROMPT 12
	996	+	HEARING. 13
1042	997
1043		-	13–~~625~~.
	998	+	13–621. 14
1044	999
1045		-	(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION ,
1046		-	THERE IS A REBUTTABL E PRESUMPTION THAT P ROPERTY OR PART OF A PROPERTY
1047		-	IN WHICH A PERSON HAS AN OWNERS HIP INTEREST IS SUBJ ECT TO FORFEITURE AS
1048		-	PROCEEDS, IF THE STATE ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE
1049		-	THAT:
	1000	+	(A) IF AN ANSWER HAS BEEN FILE D ON TIME, THE COURT SHALL SET A 15
	1001	+	HEARING ON THE FORFE ITURE CLAIM WITHIN 60 DAYS AFTER THE LATER OF: 16
1050	1002
1051		-	(I) THE PERSON WAS CONVI CTED OF VIOLATING § 9–804 OF
1052		-	THE CRIMINAL LAW ARTICLE OR ATTEMPTING OR CONSPIRING TO VIO LATE § 9–804
1053		-	OF THE CRIMINAL LAW ARTICLE;
	1003	+	(1) POSTING OF NOTICE UN DER § 13–619(B)(1) OR (2) OF THIS 17
	1004	+	SUBTITLE; OR 18
1054	1005
1055		-	(II) THE PROPERTY WAS ACQ UIRED BY THE PERSON DURING
1056		-	THE VIOLATION OR WIT HIN A REASONABLE TIM E AFTER THE VIOLATIO N; AND
1057		-	Ch. 934 2024 LAWS OF MARYLAND
	1006	+	(2) FINAL PUBLICATION OF NOTICE UNDER § 13–619(B)(3) OF THIS 19
	1007	+	SUBTITLE. 20
1058	1008
1059		-	~~– 24 –~~
1060		-	~~(III) THERE WAS NO OTHER L IKELY SOURCE FOR THE PROPERTY~~.
	1009	+	(B) WITHOUT A HEARING , THE COURT MAY ORDER FORFEITURE OF THE 21
	1010	+	PROPERTY INTEREST OF A PERSON WHO FAILS T O TIMELY FILE AN ANS WER. 22
1061	1011
1062		-	(2) A CLAIMANT OF THE PROP ERTY HAS THE BURDEN OF PR OOF TO
1063		-	REBUT THE PRESUMPTIO N IN PARAGRAPH (1) OF THIS SUBSECTION .
	1012	+	13–622. 23
1064	1013
1065		-	(B) REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE MAY NOT
1066		-	BE FORFEITED UNDER T HIS SECTION UNLESS :
	1014	+	EXCEPT AS PROVIDED IN §§ 13–603 AND 13–624 OF THIS SUBTITLE , AN 24
	1015	+	OWNER’S INTEREST IN REAL P ROPERTY MAY BE FORFEITED IF THE OWNER OF THE 25
	1016	+	REAL PROPERTY IS CON VICTED OF VIOLATING § 9–804 OF THE CRIMINAL LAW 26
	1017	+	ARTICLE OR ATTEMPTING OR CONSPIRING TO VIO LATE § 9–804 OF THE CRIMINAL 27
	1018	+	LAW ARTICLE. 28
1067	1019
1068		-	~~(1) AN OWNER OF THE REAL PROPERTY WAS CONVICT ED OF A CRIME~~
1069		-	~~DESCRIBED UNDER SUBSE CTION (A)(1)(I) OF THIS SECTION;~~ OR
	1020	+	13–623. 29
	1021	+	HOUSE BILL 1063 23
1070	1022
1071		-	(2) § 13–603(D) OF THIS SUBTITLE APP LIES.
1072	1023
1073		-	13–626.
	1024	+	(A) FORFEITURE PROCEEDING S FOR REAL PROPERTY MAY BE BROUGHT IN 1
	1025	+	THE JURISDICTION WHE RE: 2
1074	1026
1075		-	(A) THE COURT MAY ORDER T HE FORFEITURE OF OTH ER PROPERTY OF THE
1076		-	OWNER UP TO THE VALU E OF ANY PROPERTY SE IZED UNDER THIS SUBT ITLE, WITH
1077		-	THE EXCEPTION OF REAL PR OPERTY, IF AS A RESULT OF AN ACT OR OMISSION OF
1078		-	THE OWNER THE PROPER TY TO BE FORFEITED :
	1027	+	(1) THE CRIMINAL CHARGES ARE PENDING; 3
1079	1028
1080		-	(1) ~~CANNOT BE LOCATED AF TER~~ THE ~~EXERCISE OF DUE DILIGENCE~~ ;
	1029	+	(2) THE OWNER RESIDES ; OR 4
1081	1030
1082		-	(2) HAS BEEN TRANSFERRED TO, SOLD TO, OR DEPOSITED WITH A
1083		-	THIRD PARTY;
	1031	+	(3) THE REAL PROPERTY IS LOCATED. 5
1084	1032
1085		-	(3) HAS BEEN PLACED BEYOND TH E JURISDICTION OF TH E COURT;
	1033	+	(B) (1) IF FORFEITURE PROCEED INGS FOR REAL PROPER TY ARE 6
	1034	+	BROUGHT IN A JURISDI CTION OTHER THAN WHE RE THE REAL PROPERTY IS 7
	1035	+	LOCATED, A NOTICE OF PENDING LITIGATION SHALL BE FILED IN THE JURISDI CTION 8
	1036	+	WHERE THE PROPERTY I S LOCATED. 9
1086	1037
1087		-	(4) HAS BEEN SUBSTANTIAL LY DIMINISHED IN VAL UE; OR
	1038	+	(2) A NOTICE OF PENDING LI TIGATION REQUIRED UN DER THIS 10
	1039	+	SUBSECTION SHALL INC LUDE AT LEAST: 11
1088	1040
1089		-	(5) ~~HAS BEEN COMMINGLED WITH OTHER PROPERTY~~ AND ~~CANNOT BE~~
1090		-	~~DIVIDED WITHOUT DIFF ICULTY.~~
	1041	+	(I) THE NAME AND ADDRESS OF THE OWNER OF THE REAL 12
	1042	+	PROPERTY; 13
1091	1043
1092		-	(B) THE COURT MAY ORDER T HE OWNER TO RETURN P ROPERTY TO THE
1093		-	JURISDICTION OF THE COURT.
	1044	+	(II) A DESCRIPTION OF THE REAL PROPERTY ; AND 14
1094	1045
1095		-	13–627.
	1046	+	(III) A DESCRIPTION OF THE REASONS FOR THE FILI NG OF THE 15
	1047	+	FORFEITURE PROCEEDIN GS AND NOTICE OF PEN DING LITIGATION. 16
1096	1048
1097		-	~~IN A PROCEEDING UNDER THIS SUBTITLE, A COURT MAY:~~
	1049	+	13–624. 17
1098	1050
1099		-	(1) GRANT REQUESTS FOR M ITIGATION OR REMISSI ON OF
1100		-	FORFEITURE OR TAKE O THER ACTION THAT PRO TECTS THE RIGHTS OF INNOCENT
1101		-	PERSONS, IS CONSISTENT WITH T HIS SUBTITLE, AND IS IN THE INTEREST O F
1102		-	JUSTICE;
1103		-	WES MOORE, Governor Ch. 934
	1051	+	IF AN OWNER OF REAL P ROPERTY USED AS THE PRINCIPAL FAMILY 18
	1052	+	RESIDENCE IS CONVICTED UNDER § 9–804 OF THE CRIMINAL LAW ARTICLE OR IS 19
	1053	+	CONVICTED OF AN ATTE MPT OR CONSPIRACY TO VIOLATE § 9–804 OF THE CRIMINAL 20
	1054	+	LAW ARTICLE AND THE OWNER FILES AN APPEAL OF T HE CONVICTION , THE COURT 21
	1055	+	SHALL STAY FORFEITUR E PROCEEDINGS UNDER § 13–603 OF THIS SUBTITLE 22
	1056	+	AGAINST THE REAL PRO PERTY DURING THE PEN DENCY OF THE APPEAL . 23
1104	1057
1105		-	– 25 –
1106		-	(2) RESOLVE CLAIMS ARISI NG UNDER THIS SUBTIT LE; AND
	1058	+	13–625. 24
1107	1059
1108		-	(3) TAKE APPROPRIATE MEA SURES TO SAFEGUARD A ND MAINTAIN
1109		-	PROPERTY FORFEITED U NDER THIS SUBTITLE P ENDING THE DISPOSITI ON OF THE
1110		-	PROPERTY.
	1060	+	(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 25
	1061	+	THERE IS A REBUTTABL E PRESUMPTION THAT P ROPERTY OR PART OF A PROPERTY 26
	1062	+	IN WHICH A PERSON HA S AN OWNERSHIP INTEREST IS SUBJECT TO FORFEITURE AS 27
	1063	+	PROCEEDS, IF THE STATE ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE 28
	1064	+	THAT: 29
	1065	+	24 HOUSE BILL 1063
1111	1066
1112		-	13–628.
1113	1067
1114		-	(A) ~~AFTER A FULL HE ARING, IF~~ THE ~~COURT DETERMI NES THAT THE~~
1115		-	~~PROPERTY SHOULD NOT BE FORFEITED ,~~ THE ~~COURT SHALL ORDE R THAT THE~~
1116		-	~~PROPERTY BE RELEASED .~~
	1068	+	(I) THE PERSON WAS CONVI CTED OF VIOLATING § 9–804 OF 1
	1069	+	THE CRIMINAL LAW ARTICLE OR ATTEMPTING OR CONSPIRING TO VIO LATE § 9–804 2
	1070	+	OF THE CRIMINAL LAW ARTICLE; 3
1117	1071
1118		-	(B) SUBJECT TO § 13–629 OF THIS SUBTITLE , IF THE COURT DETERMI NES
1119		-	THAT THE PROPERTY SH OULD BE FORFEITED , THE COURT SHALL ORDE R THAT THE
1120		-	PROPERTY BE FORFEITE D TO THE APPROPRIATE GOVERNING BODY .
	1072	+	(II) THE PROPERTY WAS ACQ UIRED BY THE PERSON DURING 4
	1073	+	THE VIOLATION OR WIT HIN A REASONABLE TIM E AFTER THE VIOLATIO N; AND 5
1121	1074
1122		-	(C) (1) IF THE COURT DETERMIN ES THAT THE FORFEITE D PROPERTY IS
1123		-	SUBJECT TO A VALID L IEN CREATED WITHOUT ACTUAL KNOWLEDGE OF THE
1124		-	LIENHOLDER THAT THE PROPERTY WAS BEING O R WAS TO BE USED IN VIOLATION
1125		-	OF § 9–804 OF THE CRIMINAL LAW ARTICLE, THE COURT SHALL ORDE R THAT THE
1126		-	PROPERTY BE RELEASED WITHIN 5 DAYS TO THE FIRST PR IORITY LIENHOLDER .
	1075	+	(III) THERE WAS NO OTHER L IKELY SOURCE FOR THE PROPERTY. 6
1127	1076
1128		-	(2) ~~THE LIENHOLDER SHALL SELL~~ THE ~~PROPERTY IN A~~
1129		-	~~COMMERCIALLY REASONA BLE MANNER~~ .
	1077	+	(2) A CLAIMANT OF THE PROP ERTY HAS THE BURDEN OF PROOF TO 7
	1078	+	REBUT THE PRESUMPTIO N IN PARAGRAPH (1) OF THIS SUBSECTION . 8
1130	1079
1131		-	(3) THE PROCEEDS OF THE SALE SHALL BE AP PLIED AS FOLLOWS :
	1080	+	(B) REAL PROPERTY USED AS THE PRINCIPAL FAMILY RESIDENCE MAY NOT 9
	1081	+	BE FORFEITED UNDER T HIS SECTION UNLESS : 10
1132	1082
1133		-	(I) TO THE COURT COSTS O F THE FORFEITURE PRO CEEDING;
	1083	+	(1) AN OWNER OF THE REAL PROPERTY WAS CONVICT ED OF A CRIME 11
	1084	+	DESCRIBED UNDER SUBS ECTION (A)(1)(I) OF THIS SECTION; OR 12
1134	1085
1135		-	(II) TO THE BALANCE DUE T HE LIENHOLDER , INCLUDING ALL
1136		-	REASONABLE COSTS INC IDENT TO THE SALE ;
	1086	+	(2) § 13–603(D) OF THIS SUBTITLE APP LIES. 13
1137	1087
1138		-	(III) TO PAYMENT OF ALL OT HER EXPENSES OF THE
1139		-	PROCEEDINGS FOR FORFEITURE , INCLUDING EXPENSES O F SEIZURE OR
1140		-	MAINTENANCE OF CUSTO DY; AND
	1088	+	13–626. 14
1141	1089
1142		-	(IV) TO THE GENERAL FUND OF THE STATE OR OF THE
1143		-	POLITICAL SUBDIVISIO N THAT SEIZED THE PR OPERTY.
	1090	+	(A) THE COURT MAY ORDER T HE FORFEITURE OF OTH ER PROPERTY OF THE 15
	1091	+	OWNER UP TO THE VALU E OF ANY PROPERTY SE IZED UNDER THIS SUBT ITLE, WITH 16
	1092	+	THE EXCEPTION OF REA L PROPERTY, IF AS A RESULT OF AN AC T OR OMISSION OF 17
	1093	+	THE OWNER THE PROPER TY TO BE FORFEITED : 18
1144	1094
1145		-	~~13–629.~~
	1095	+	(1) CANNOT BE LOCATED AF TER THE EXERCISE OF DUE DILIGENCE ; 19
1146	1096
1147		-	IF PROPERTY IS FORFEI TED UNDER THIS SUBTI TLE, THE GOVERNING BODY
1148		-	WHERE THE PROPERTY W AS SEIZED MAY:
1149		-	Ch. 934 2024 LAWS OF MARYLAND
	1097	+	(2) HAS BEEN TRANSFERRED TO, SOLD TO, OR DEPOSITED WITH A 20
	1098	+	THIRD PARTY; 21
1150	1099
1151		-	– 26 –
1152		-	(1) KEEP THE PROPERTY FO R OFFICIAL USE;
	1100	+	(3) HAS BEEN PLACED BEYO ND THE JURISDIC TION OF THE COURT ; 22
1153	1101
1154		-	(2) REQUIRE AN APPROPRIA TE UNIT TO TAKE CUST ODY OF THE
1155		-	PROPERTY AND DESTROY OR OTHERWISE DISPOSE OF IT; OR
	1102	+	(4) HAS BEEN SUBSTANTIAL LY DIMINISHED IN VAL UE; OR 23
1156	1103
1157		-	(3) SELL THE PROPERTY IF :
	1104	+	(5) HAS BEEN COMMINGLED WITH OTHER PROPERTY AND CANNOT BE 24
	1105	+	DIVIDED WITHOUT DIFF ICULTY. 25
1158	1106
1159		-	(I) THE ~~LAW DOES NOT REQ UIRE~~ THE ~~PR OPERTY TO BE~~
1160		-	~~DESTROYED; AND~~
	1107	+	(B) THE COURT MAY ORDER T HE OWNER TO RETURN P ROPERTY TO THE 26
	1108	+	JURISDICTION OF THE COURT. 27
1161	1109
1162		-	~~(II) THE PROPERTY IS NOT HARMFUL TO THE PUBLI C~~.
	1110	+	13–627. 28
1163	1111
1164		-	~~13–630.~~
	1112	+	IN A PROCEEDING UNDER THIS SUBTITLE, A COURT MAY: 29 HOUSE BILL 1063 25
1165	1113
1166		-	(A) THE PROCEEDS FROM A S ALE OR THE RETENTION OF PROPERTY
1167		-	DECLARED TO BE FORFE ITED AND ANY INTERES T ACCRUED SHALL BE A PPLIED
1168		-	FIRST TO THE PROPER EXPENSES OF THE PROC EEDING FOR FORFEITUR E AND
1169		-	RESULTING SALE , INCLUDING THE EXPENS E OF SEIZING AND MAI NTAINING
1170		-	CUSTODY OF THE PROPE RTY AND ADVERTISING .
1171	1114
1172		-	(B) ANY BALANCE REMAINING AFTER THE DISTRIBUTI ON REQUIRED UNDER
1173		-	SUBSECTION (A) OF THIS SECTION SHAL L BE DISTRIBUTED TO THE GENERAL FUND
1174		-	OF THE STATE OR OF THE POLIT ICAL SUBDIVISION THA T SEIZED THE PROPERT Y.
1175	1115
1176		-	13–631.
	1116	+	(1) GRANT REQUESTS FOR M ITIGATION OR REMISSI ON OF 1
	1117	+	FORFEITURE OR TAKE O THER ACTION THAT PRO TECTS THE RIGHTS OF INNOCENT 2
	1118	+	PERSONS, IS CONSISTENT WITH T HIS SUBTITLE, AND IS IN THE INTERE ST OF 3
	1119	+	JUSTICE; 4
1177	1120
1178		-	A SALE OF PROPERTY ORD ERED UNDER THIS SUBT ITLE SHALL BE MADE F OR
1179		-	CASH AND GIVES THE P URCHASER CLEAR AND A BSOLUTE TITLE.
	1121	+	(2) RESOLVE CLAIMS ARISI NG UNDER THIS SUBTIT LE; AND 5
1180	1122
1181		-	13–632.
	1123	+	(3) TAKE APPROPRIATE MEA SURES TO SAFEGUARD A ND MAINTAIN 6
	1124	+	PROPERTY FORFEITED U NDER THIS SUBTITLE P ENDING THE DISPOSITI ON OF THE 7
	1125	+	PROPERTY. 8
1182	1126
1183		-	(A) BEFORE EXERCISING THE RIGHT TO SELL PROPER TY THAT HAS BEEN
1184		-	SEIZED UNDER THIS SU BTITLE, A LIENHOLDER SHALL G IVE TO THE FORFEITIN G
1185		-	AUTHORITY:
	1127	+	13–628. 9
1186	1128
1187		-	(1) WRITTEN NOTICE OF TH E INTENTION TO SELL ;
	1129	+	(A) AFTER A FULL HEARING , IF THE COURT DETERMINES THAT THE 10
	1130	+	PROPERTY SHOULD NOT BE FORFEITED , THE COURT SHALL ORDE R THAT THE 11
	1131	+	PROPERTY BE RELEASED . 12
1188	1132
1189		-	(2) COPIES OF DOCUMENTS GIVING RISE TO THE L IEN; AND
	1133	+	(B) SUBJECT TO § 13–629 OF THIS SUBTITLE , IF THE COURT DETERMI NES 13
	1134	+	THAT THE PROPERTY SH OULD BE FORFEITED , THE COURT SHALL ORDE R THAT THE 14
	1135	+	PROPERTY BE FORFEITED TO THE APP ROPRIATE GOVERNING B ODY. 15
1190	1136
1191		-	(3) AN AFFIDAVIT UNDER O ATH BY THE LIENHOLDER STATI NG:
	1137	+	(C) (1) IF THE COURT DETERMIN ES THAT THE FORFEITE D PROPERTY IS 16
	1138	+	SUBJECT TO A VALID L IEN CREATED WITHOUT ACTUAL KNOWLEDGE OF THE 17
	1139	+	LIENHOLDER THAT THE PROPERTY WAS BEING O R WAS TO BE USED IN VIOLATION 18
	1140	+	OF § 9–804 OF THE CRIMINAL LAW ARTICLE, THE COURT SHALL ORDE R THAT THE 19
	1141	+	PROPERTY BE RELEASED WITHIN 5 DAYS TO THE FIRST PR IORITY LIENHOLDER . 20
1192	1142
1193		-	(I) THAT THE UNDERLYING OBLIGATION IS IN DEF AULT; AND
	1143	+	(2) THE LIENHOLDER SHALL SELL THE PROPERTY IN A 21
	1144	+	COMMERCIALLY REASONA BLE MANNER . 22
1194	1145
1195		-	(II) THE ~~REASONS FOR~~ THE ~~DEFAULT.~~ ~~WES MOORE,~~ ~~Governor~~ ~~Ch. 934~~
	1146	+	(3) THE PROCEEDS OF THE S ALE SHALL BE APP LIED AS FOLLOWS : 23
1196	1147
1197		-	~~– 27 –~~
	1148	+	(I) TO THE COURT COSTS O F THE FORFEITURE PRO CEEDING; 24
1198	1149
1199		-	(B) ~~ON REQUEST OF~~ THE ~~LIE NHOLDER~~, ~~THE FORFEITING AUTHO RITY SHALL~~
1200		-	~~RELEASE THE PROPERTY~~ TO THE ~~LIENHOLDER .~~
	1150	+	(II) TO THE BALANCE DUE T HE LIENHOLDER , INCLUDING ALL 25
	1151	+	REASONABLE COSTS INC IDENT TO THE SALE ; 26
1201	1152
1202		-	13–633.
	1153	+	(III) TO PAYMENT OF ALL OT HER EXPENSES OF THE 27
	1154	+	PROCEEDINGS FOR FORF EITURE, INCLUDING EXPENSES OF SEIZU RE OR 28
	1155	+	MAINTENANCE OF CUSTO DY; AND 29
1203	1156
1204		-	(A) EXCEPT AS PROVIDED IN SUBSECTI ON (B) OF THIS SECTION , THE LAW
1205		-	GOVERNING THE SALE O F COLLATERAL SECURIN G AN OBLIGATION IN D EFAULT
1206		-	GOVERNS A LIENHOLDER ’S REPOSSESSION AND S ALE OF PROPERTY THAT HAS BEEN
1207		-	SEIZED UNDER THIS SU BTITLE.
	1157	+	(IV) TO THE GENERAL FUND OF THE STATE OR OF THE 30
	1158	+	POLITICAL SUBDIVISIO N THAT SEIZED THE PR OPERTY. 31 26 HOUSE BILL 1063
1208	1159
1209		-	(B) A LIENHOLDER MAY NOT B E REQUIRED TO TAKE POSSESSION O F THE
1210		-	PROPERTY BEFORE THE SALE OF THE PROPERTY .
1211	1160
1212		-	13–634.
1213	1161
1214		-	(A) ANY PART OF THE PROCE EDS FROM A SALE OF P ROPERTY THAT HAS
1215		-	BEEN SEIZED UNDER TH IS SUBTITLE THAT WOU LD BE PAID TO AN OWN ER OF THE
1216		-	PROPERTY UNDER THE A PPLICABLE LAW RELATI NG TO DISTRIBUTION OF
1217		-	PROCEEDS SHALL BE :
	1162	+	13–629. 1
1218	1163
1219		-	(1) PAID TO THE SEIZING AUTHORITY; AND
	1164	+	IF PROPERTY IS FORFEI TED UNDER THIS SUBTI TLE, THE GOVERNING BODY 2
	1165	+	WHERE THE PROPERTY W AS SEIZED MAY: 3
1220	1166
1221		-	(2) PROPERTY ~~SUBJECT TO FORFEITURE.~~
	1167	+	(1) KEEP THE PROPERTY FO R OFFICIAL USE; 4
1222	1168
1223		-	(B) IF AN ORDER OF FORFEI TURE IS NOT ENTERED , THE STATE SHALL
1224		-	RETURN TO THE OWNER THAT PART OF THE PRO CEEDS AND ANY COSTS OF THE
1225		-	FORFEITURE PROCEEDIN GS PAID FROM THE PRO CEEDS OF THE SALE .
	1169	+	(2) REQUIRE AN APPROPRIA TE UNIT TO TAKE CUST ODY OF THE 5
	1170	+	PROPERTY AND DESTROY OR OTHERWISE DISPOSE OF IT; OR 6
1226	1171
1227		-	~~13–635.~~
	1172	+	(3) SELL THE PROPERTY IF : 7
1228	1173
1229		-	(A) IF THE INTEREST OF TH E OWNER IN PROPERTY THAT HAS BEEN SEIZED
1230		-	UNDER THIS SUBTITLE IS REDEEMED, THE LIENHOLDER SHALL MAIL A NOTICE OF
1231		-	THE REDEMPTION TO TH E FORFEITING AUTHORI TY WITHIN 10 DAYS AFTER THE
1232		-	REDEMPTION .
	1174	+	(I) THE LAW DOES NOT REQ UIRE THE PROPERTY TO BE 8
	1175	+	DESTROYED; AND 9
1233	1176
1234		-	(B) (1) IF PROPERTY THAT HAS BEEN SEIZED UNDER TH IS SUBTITLE HAS
1235		-	BEEN REPOSSESSED OR OTHERWISE LAWFULLY T AKEN BY THE LIENHOLD ER, THE
1236		-	LIENHOLDER SHALL RET URN THE PROPERTY TO THE SEIZING AUTHORIT Y WITHIN
1237		-	21 DAYS AFTER THE RED EMPTION.
	1177	+	(II) THE PROPERTY IS NOT HARMFUL TO THE PUBLI C. 10
1238	1178
1239		-	(2) THE SEIZING AUTHORITY AND THE FORFEITING A UTHORITY MAY
1240		-	THEN PROCEED WITH TH E FORFEITURE OF THE PROPERTY OR THE PROC EEDS FROM
1241		-	THE SALE OF THE PROP ERTY. Ch. 934 2024 LAWS OF MARYLAND
	1179	+	13–630. 11
1242	1180
1243		-	– 28 –
	1181	+	(A) THE PROCEEDS FROM A S ALE OR THE RETENTION OF PROPERTY 12
	1182	+	DECLARED TO BE FORFE ITED AND ANY INTERES T ACCRUED SHALL BE A PPLIED 13
	1183	+	FIRST TO THE PROPER EXPENSES OF THE PROC EEDING FOR FORFEITUR E AND 14
	1184	+	RESULTING SALE , INCLUDING THE EXPENS E OF SEIZING AND MAI NTAINING 15
	1185	+	CUSTODY OF THE PROPE RTY AND ADVERTISING . 16
1244	1186
1245		-	(C) ~~TIME LIMITATIONS REQU IRED~~ UNDER ~~THIS SUBT ITLE FOR NOTICE AND~~
1246		-	~~FILING~~ OF ~~THE COMPLA INT FOR FORFEITURE RUN FROM~~ THE ~~DATE OF RED EMPTION~~
1247		-	OR ~~PURCHASE~~ OF THE ~~P ROPERTY THAT HAS BEE N~~ SEIZED ~~UNDER THIS SUBTITLE~~.
	1187	+	(B) ANY BALANCE REMAINING AFTER THE DISTRIBUTI ON REQUIRED UNDER 17
	1188	+	SUBSECTION (A) OF THIS SECTION SHAL L BE DISTRIBUTED TO THE GENERAL FUND 18
	1189	+	OF THE STATE OR OF THE POLIT ICAL SUBDIVISION THA T SEIZED THE PROPERT Y. 19
1248	1190
1249		-	13–~~636~~.
	1191	+	13–631. 20
1250	1192
1251		-	THIS SUBTITLE DOES NO T PROHIBIT A LIENHOL DER FROM EXERCISING
1252		-	RIGHTS UNDER APPLICA BLE LAW, INCLUDING THE RIGHT TO SELL PROPERTY THAT
1253		-	HAS BEEN SEIZED UNDE R THIS SUBTITLE , IF A DEFAULT OCCURS IN THE
1254		-	OBLIGATION GIVING RI SE TO THE LIEN.
	1193	+	A SALE OF PROPERTY ORD ERED UNDER THIS SUBT ITLE SHALL BE MADE F OR 21
	1194	+	CASH AND GIVES THE P URCHASER CLEAR AND A BSOLUTE TITLE. 22
1255	1195
1256		-	13–~~637~~.
	1196	+	13–632. 23
1257	1197
1258		-	(A) ~~IN AN ACTION BROUGHT UNDER THIS SUBTITLE ,~~ THE ~~STATE MAY FILE~~
1259		-	~~WITH~~ THE ~~CLERK OF TH E COURT A CERTIFICAT E STATING THAT THE C ASE IS OF~~
1260		-	~~SPECIAL PUBLIC IMPOR TANCE.~~
	1198	+	(A) BEFORE EXERCISING THE RIGHT TO SELL PROPER TY THAT HAS BEEN 24
	1199	+	SEIZED UNDER THIS SU BTITLE, A LIENHOLDER SHALL G IVE TO THE FORFEITIN G 25
	1200	+	AUTHORITY: 26
1261	1201
1262		-	(B) THE CLERK OF THE COUR T SHALL IMMEDIATELY FURNISH A COPY OF A
1263		-	CERTIFICATE FILED UN DER SUBSECTION (A) OF THIS SECTION TO T HE CHIEF
1264		-	JUSTICE OF THE SUPREME COURT OF MARYLAND OR THE CHIEF JUSTICE’S
1265		-	DESIGNEE.
	1202	+	(1) WRITTEN NOTICE OF TH E INTENTION TO SELL ; 27
1266	1203
1267		-	(C) ON RECEIPT OF A CERTIFICATE FILED UNDER SUBSECTION (A) OF THIS
1268		-	SECTION, THE CHIEF JUSTICE OR THE CHIEF JUSTICE’S DESIGNEE SHALL
1269		-	IMMEDIATELY DESIGNAT E A JUDGE TO HEAR AN D DETERMINE THE CASE .
	1204	+	(2) COPIES OF DOCUMENTS GIVING RISE TO THE L IEN; AND 28
	1205	+	HOUSE BILL 1063 27
1270	1206
1271		-	(D) THE JUDGE DESIGNATED UNDER SUBSECTION (C) OF THIS SECTION
1272		-	SHALL PROMPTLY A SSIGN THE CASE FOR H EARING, PARTICIPATE IN THE H EARINGS
1273		-	AND DETERMINATION , AND CAUSE THE CASE T O BE EXPEDITED .
1274	1207
1275		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
1276		-	October 1, 2024.
	1208	+	(3) AN AFFIDAVIT UNDER O ATH BY THE LIENHOLDE R STATING: 1
1277	1209
1278		-	Approved by the Governor, May 16, 2024.
	1210	+	(I) THAT THE UNDERLYING OBLIGATION IS IN DEF AULT; AND 2
	1211	+
	1212	+	(II) THE REASONS FOR THE DEFAULT. 3
	1213	+
	1214	+	(B) ON REQUEST OF THE LIE NHOLDER, THE FORFEITING AUTHO RITY SHALL 4
	1215	+	RELEASE THE PROPERTY TO THE LIENHOLDER . 5
	1216	+
	1217	+	13–633. 6
	1218	+
	1219	+	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE LAW 7
	1220	+	GOVERNING THE SALE O F COLLATERAL SECURIN G AN OBLIGATION IN D EFAULT 8
	1221	+	GOVERNS A LIENHOLDER ’S REPOSSESSION AND S ALE OF PROPERTY THAT HAS BEEN 9
	1222	+	SEIZED UNDER THIS SU BTITLE. 10
	1223	+
	1224	+	(B) A LIENHOLDER MAY NOT B E REQUIRED TO TAKE P OSSESSION OF THE 11
	1225	+	PROPERTY BEFORE THE SALE OF THE PROPERTY . 12
	1226	+
	1227	+	13–634. 13
	1228	+
	1229	+	(A) ANY PART OF THE PROCE EDS FROM A SALE OF P ROPERTY THAT HAS 14
	1230	+	BEEN SEIZED UNDER TH IS SUBTITLE THAT WOU LD BE PAID TO AN OWN ER OF THE 15
	1231	+	PROPERTY UNDER THE A PPLICABLE LAW RELATI NG TO DISTRIBUTION O F 16
	1232	+	PROCEEDS SHALL BE: 17
	1233	+
	1234	+	(1) PAID TO THE SEIZING AUTHORITY; AND 18
	1235	+
	1236	+	(2) PROPERTY SUBJECT TO FORFEITURE. 19
	1237	+
	1238	+	(B) IF AN ORDER OF FORFEI TURE IS NOT ENTERED , THE STATE SHALL 20
	1239	+	RETURN TO THE OWNER THAT PART OF THE PRO CEEDS AND ANY COSTS OF THE 21
	1240	+	FORFEITURE PROCEEDIN GS PAID FROM T HE PROCEEDS OF THE S ALE. 22
	1241	+
	1242	+	13–635. 23
	1243	+
	1244	+	(A) IF THE INTEREST OF TH E OWNER IN PROPERTY THAT HAS BEEN SEIZED 24
	1245	+	UNDER THIS SUBTITLE IS REDEEMED, THE LIENHOLDER SHALL MAIL A NOTICE OF 25
	1246	+	THE REDEMPTION TO TH E FORFEITING AUTHORI TY WITHIN 10 DAYS AFTER THE 26
	1247	+	REDEMPTION . 27
	1248	+
	1249	+	(B) (1) IF PROPERTY THAT HAS BEEN SEIZED UNDER TH IS SUBTITLE HAS 28
	1250	+	BEEN REPOSSESSED OR OTHERWISE LAWFULLY T AKEN BY THE LIENHOLD ER, THE 29 28 HOUSE BILL 1063
	1251	+
	1252	+
	1253	+	LIENHOLDER SHALL RET URN THE PROPERTY TO THE SEIZING AUTHORIT Y WITHIN 1
	1254	+	21 DAYS AFTER THE REDEM PTION. 2
	1255	+
	1256	+	(2) THE SEIZING AUTHO RITY AND THE FORFEIT ING AUTHORITY MAY 3
	1257	+	THEN PROCEED WITH TH E FORFEITURE OF THE PROPERTY OR THE PROC EEDS FROM 4
	1258	+	THE SALE OF THE PROP ERTY. 5
	1259	+
	1260	+	(C) TIME LIMITATIONS REQU IRED UNDER THIS SUBT ITLE FOR NOTICE AND 6
	1261	+	FILING OF THE COMPLA INT FOR FORFEITURE R UN FROM THE DAT E OF REDEMPTION 7
	1262	+	OR PURCHASE OF THE P ROPERTY THAT HAS BEE N SEIZED UNDER THIS SUBTITLE. 8
	1263	+
	1264	+	13–636. 9
	1265	+
	1266	+	THIS SUBTITLE DOES NO T PROHIBIT A LIENHOL DER FROM EXERCISING 10
	1267	+	RIGHTS UNDER APPLICA BLE LAW, INCLUDING THE RIGHT TO SELL PROPERTY THA T 11
	1268	+	HAS BEEN SEIZED UNDE R THIS SUBTITLE, IF A DEFAULT OCCURS IN THE 12
	1269	+	OBLIGATION GIVING RI SE TO THE LIEN. 13
	1270	+
	1271	+	13–637. 14
	1272	+
	1273	+	(A) IN AN ACTION BROUGHT UNDER THIS SUBTITLE , THE STATE MAY FILE 15
	1274	+	WITH THE CLERK OF TH E COURT A CERTIFICAT E STATING THAT THE C ASE IS OF 16
	1275	+	SPECIAL PUBLIC IMPOR TANCE. 17
	1276	+
	1277	+	(B) THE CLERK OF THE COURT S HALL IMMEDIATELY FUR NISH A COPY OF A 18
	1278	+	CERTIFICATE FILED UN DER SUBSECTION (A) OF THIS SECTION TO T HE CHIEF 19
	1279	+	JUSTICE OF THE SUPREME COURT OF MARYLAND OR THE CHIEF JUSTICE’S 20
	1280	+	DESIGNEE. 21
	1281	+
	1282	+	(C) ON RECEIPT OF A CERTI FICATE FILED UNDER S UBSECTION (A) OF THIS 22
	1283	+	SECTION, THE CHIEF JUSTICE OR THE CHIEF JUSTICE’S DESIGNEE SHALL 23
	1284	+	IMMEDIATELY DESIGNAT E A JUDGE TO HEAR AN D DETERMINE THE CASE . 24
	1285	+
	1286	+	(D) THE JUDGE DESIGNATED UNDER SUBSECTION (C) OF THIS SECTION 25
	1287	+	SHALL PROMPTLY ASSIG N THE CASE FOR HEARI NG, PARTICIPATE IN THE HEARINGS 26
	1288	+	AND DETERMINATION , AND CAUSE THE CASE T O BE EXPEDITED . 27
	1289	+
	1290	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
	1291	+	October 1, 2024. 29