SENATE BILL 161
E2

(6lr0701)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senators Hough, Raskin, and Zirkin Brochin, Cassilly, Lee, Muse,
Ramirez, Raskin, Ready, and Zirkin
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
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AN ACT concerning

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Criminal Procedure – Seizure and Forfeiture

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FOR the purpose of authorizing the forfeiture of certain property under certain
circumstances; repealing a certain provision authorizing the forfeiture of certain
money or weapons relating to possession of a controlled dangerous substance;
requiring that a certain seizing authority provide a receipt for property on seizure that
includes certain information; requiring that a certain seizing authority mail notice
with certain information to the owner of seized property within a certain time;
authorizing the owner of certain seized property to make a request for return of the
seized property within a certain time; requiring a seizing authority to take certain
actions in response to a certain request; altering the circumstances by which a certain
law enforcement agency may transfer seized property to a certain federal law
enforcement agency; prohibiting the construction of a certain provision of law in a
certain manner; altering the time in which a complaint for forfeiture of money must
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.

*sb0161*

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SENATE BILL 161

be filed; requiring that a certain forfeiting authority return property to an owner if a
complaint for forfeiture is not filed in a certain time under certain circumstances;
prohibiting the use of a certain statement regarding seized property from use in a
criminal prosecution except under certain circumstances; requiring that a certain
amount of forfeiture proceeds be appropriated to the Department of Health and
Mental Hygiene to fund certain drug programs; prohibiting a certain law
enforcement agency or prosecuting authority from directly or indirectly transferring
or referring seized property to a federal government agency or law enforcement
authority for forfeiture under federal law unless certain conditions are met;
authorizing a certain defendant or third party to file a motion for replevin in a certain
criminal case at a certain time if the defendant or third party claims that he or she
has the right to possession of certain property; requiring a motion for replevin under
this Act to be in writing and state in detail the grounds on which it is based; requiring
a claimant to notify the State’s Attorney in writing of the filing of a motion for
replevin under this Act; authorizing the State’s Attorney to file a response to a
motion for replevin at a certain time; requiring the court to hold a hearing on a
motion for replevin at a certain time under certain circumstances; authorizing the
court to dismiss a motion for replevin without a hearing under certain circumstances;
requiring the court to grant a motion for replevin under certain circumstances;
authorizing the court to order the return of funds or property sufficient to obtain
legal counsel but less than the total amount seized; authorizing the court to take
certain actions in lieu of ordering issuance of the writ of replevin; authorizing the
court, following a conviction for certain violations involving a gang, to order the
divestiture of certain property, the dissolution or reorganization of a certain
enterprise, or the suspension or revocation of a certain license, permit, or approval;
requiring that certain proceeds be deposited in the General Fund; requiring that a
certain seizing authority provide a receipt for property on seizure that includes
certain information; requiring that a certain seizing authority mail notice with
certain information to the owner of seized property within a certain time; authorizing
the owner of certain seized property to make a request that includes certain
information for return of the seized property within a certain time; requiring a
seizing authority to take certain actions in response to a certain request; altering the
circumstances by which a certain law enforcement agency may transfer seized
property to a certain federal law enforcement agency; altering the time in which a
complaint for forfeiture of money must be filed; requiring that a certain forfeiting
authority return property to an owner if a complaint for forfeiture is not filed in a
certain time under certain circumstances; providing that a certain seizing authority
or forfeiting authority may request an extension for time to file a complaint for
forfeiture under certain circumstances; providing that a court may grant a certain
extension for time to file a complaint for forfeiture; requiring a court to order that a
certain motion be sealed; prohibiting the use of a certain statement regarding seized
property from use in a criminal prosecution except under certain circumstances;
requiring that a certain amount of forfeiture proceeds be appropriated to the
Department of Health and Mental Hygiene to fund certain drug programs; requiring
a certain law enforcement agency seizing authority to report, on an annual basis,
certain information about each individual seizure and forfeiture certain seizures and
forfeitures completed by the agency under State or federal forfeiture law; authorizing

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the Maryland Statistical Analysis Center (MSAC) to require a law enforcement
agency seizing authority to provide relevant information not specified in this Act;
requiring a certain law enforcement agency seizing authority to file a certain report
for the agency and the corresponding prosecutor’s office with MSAC; requiring
MSAC to develop a certain form, a process, and deadlines for certain data entry;
requiring MSAC to compile certain submissions and issue a certain report; requiring
MSAC to make certain reports available in a certain manner; requiring the
Governor’s Office of Crime Control and Prevention (GOCCP) to submit a certain
report to the Governor, the General Assembly, and each law enforcement agency
seizing authority before a certain date each year; authorizing GOCCP to include in
a certain report certain recommendations; requiring GOCCP to report information
on law enforcement agencies seizing authorities not in compliance with this Act to
the Police Training Commission; requiring the Police Training Commission to
contact a certain law enforcement agency seizing authority and request compliance;
requiring GOCCP and the Police Training Commission to report certain
noncompliance to the Governor and the Legislative Policy Committee of the General
Assembly under certain circumstances; authorizing MSAC to recoup certain costs in
a certain manner; authorizing a certain law enforcement agency seizing authority to
use forfeiture proceeds to pay the cost of compiling and reporting information
required under this Act; making a conforming change; defining certain terms; and
generally relating to seizure and forfeiture.

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BY adding to
Article – Criminal Law
Section 9–807
Annotated Code of Maryland
(2012 Replacement Volume and 2015 Supplement)

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BY repealing and reenacting, without amendments,
Article – Criminal Procedure
Section 12–102(a)
Annotated Code of Maryland
(2008 Replacement Volume and 2015 Supplement)

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BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 12–103 and 12–203 12–102(a), 12–104, and 12–212
Annotated Code of Maryland
(2008 Replacement Volume and 2015 Supplement)
(As enacted by Chapter 5 of the Acts of the General Assembly of 2016)

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BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 12–203 and 12–304
Annotated Code of Maryland
(2008 Replacement Volume and 2015 Supplement)

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BY adding to
Article – Criminal Procedure
Section 12–203.1; and 13–601 and 13–602 12–304.1, 12–313, 12–313 and 12–405;
and 12–601 and 12–602 to be under the new subtitle “Subtitle 6. Reporting”
Annotated Code of Maryland
(2008 Replacement Volume and 2015 Supplement)

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BY repealing and reenacting, without amendments,
Article – Criminal Procedure
Section 12–312
Annotated Code of Maryland
(2008 Replacement Volume and 2015 Supplement)
(As enacted by Chapter 5 of the Acts of the General Assembly of 2016)

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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

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Article – Criminal Law

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9–807.
(A)

IN THIS SECTION, “ENTERPRISE” INCLUDES:
(1)

A SOLE PROPRIETORSHIP,
BUSINESS TRUST, OR OTHER LEGAL ENTITY; OR

PARTNERSHIP,

CORPORATION,

(2)

ANY GROUP OF INDIVIDUALS ASSOCIATED IN FACT ALTHOUGH
NOT A LEGAL ENTITY.

(B)

IN ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS SUBTITLE, ON
CONVICTION THE COURT MAY:
(1)

ORDER A PERSON OR CRIMINAL GANG TO BE DIVESTED OF ANY
INTEREST IN AN ENTERPRISE OR REAL PROPERTY;

(2)

ORDER THE DISSOLUTION OR REORGANIZATION
ENTERPRISE ASSOCIATED WITH THE DEFENDANT; AND

OF

AN

(3)

ORDER THE SUSPENSION OR REVOCATION OF ANY LICENSE,
PERMIT, OR PRIOR APPROVAL GRANTED TO THE DEFENDANT BY A UNIT OF THE
STATE OR POLITICAL SUBDIVISION OF THE STATE.

(C)

ASSETS DIVESTED UNDER THIS SECTION AND DERIVED FROM THE
COMMISSION OF, ATTEMPTED COMMISSION OF, CONSPIRACY TO COMMIT, OR

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SOLICITATION OF A CRIME DESCRIBED UNDER THIS SUBTITLE, EITHER IN WHOLE OR
IN PART, SHALL BE DEPOSITED INTO THE GENERAL FUND OF THE STATE.

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Article – Criminal Procedure

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12–102.
(a)

The following are subject to forfeiture:

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(1)
controlled dangerous substances manufactured, distributed, dispensed,
acquired, or possessed in violation of the Controlled Dangerous Substances law;

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(2)
raw materials, products, and equipment used, or intended for use, in
manufacturing, compounding, processing, delivering, importing, or exporting a controlled
dangerous substance in violation of the Controlled Dangerous Substances law;

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(3)
property used or intended for use as a container for property described
in item (1) or (2) of this subsection;

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(4)
except as provided in § 12–103 of this subtitle, conveyances, including
aircraft, vehicles, or vessels used or intended to be used to transport, or facilitate the
transportation, sale, receipt, possession, or concealment of property described in item (1) or
(2) of this subsection;

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(5)
books, records, and research, including formulas, microfilm, tapes, and
data used or intended for use in violation of the Controlled Dangerous Substances law;

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(6)
subject to subsection (b) of this section, money [of more than $300] or
weapons used or intended to be used in connection with the unlawful manufacture,
distribution, OR dispensing, or possession of a controlled dangerous substance or controlled
paraphernalia;

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(7)

drug paraphernalia under § 5–619 of the Criminal Law Article;

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(8)

controlled paraphernalia under § 5–620 of the Criminal Law Article;

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(9)
except as provided in § 12–103 of this subtitle, the remaining balance
of the proceeds of a sale by a holder of an installment sale agreement under § 12–626 of the
Commercial Law Article of goods seized under this subtitle;
(10)

except as provided in § 12–103 of this subtitle, real property; and

(11) everything of value furnished, or intended to be furnished, in exchange
for a controlled dangerous substance in violation of the Controlled Dangerous Substances
law, all proceeds traceable to the exchange, and all negotiable instruments and securities

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used, or intended to be used, to facilitate any violation of the Controlled Dangerous
Substances law.

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[directly connected to] USED OR INTENDED TO BE USED IN CONNECTION WITH the
unlawful MANUFACTURE, distribution, OR DISPENSING of a controlled dangerous

(7)

subject to subsection (b) of this section, any amount of money that is

substance;

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(8)

drug paraphernalia under § 5–619 of the Criminal Law Article;

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(9)

controlled paraphernalia under § 5–620 of the Criminal Law Article;

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(10) except as provided in § 12–103 of this subtitle, the remaining balance
of the proceeds of a sale by a holder of an installment sale agreement under § 12–626 of the
Commercial Law Article of goods seized under this subtitle;

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(11)

except as provided in § 12–103 of this subtitle, real property; and

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(12) everything of value furnished, or intended to be furnished, in exchange
for a controlled dangerous substance in violation of the Controlled Dangerous Substances
law, all proceeds traceable to the exchange, and all negotiable instruments and securities
used, or intended to be used, to facilitate any violation of the Controlled Dangerous
Substances law.

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12–103.

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PROPERTY DESCRIBED IN § 12–102(A)(4), (10), OR (11) OF THIS
SUBTITLE MAY BE FORFEITED IF:

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(a)

(1)

(I)

THE PROPERTY IS CLAIMED TO BE OWNED BY A PERSON
WHO IS CONVICTED OF VIOLATING THE CONTROLLED DANGEROUS SUBSTANCES
LAW; AND

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THE STATE ESTABLISHES BY CLEAR AND CONVINCING
EVIDENCE THAT THE PROPERTY IS AN INSTRUMENTALITY OF THE OFFENSE OR
PROCEEDS DERIVED FROM THE OFFENSE OF WHICH THE PERSON IS CONVICTED.

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(2) THIS SUBSECTION DOES NOT PROHIBIT PROPERTY FROM BEING
SEIZED UNDER STATE LAW AND HELD AS EVIDENCE OR FORFEITED BY PLEA
AGREEMENT APPROVED BY THE PRESIDING CRIMINAL COURT.

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(II)

(B)

Property or an interest in property described in § 12–102(a)(4), (10), [and] OR
(11) of this subtitle may not be forfeited if the owner establishes by a preponderance of the
evidence that the violation of the Controlled Dangerous Substances law was committed
without the owner’s actual knowledge.

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[(b)](C)

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(1)
A conveyance used as a common carrier or vehicle for hire in the
transaction of business as a common carrier or vehicle for hire may not be seized or forfeited
under this title unless it appears that the owner or other person in charge of the conveyance
was a consenting party or privy to a violation of the Controlled Dangerous Substances law.

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(2)
A conveyance may not be forfeited under this title for an act or omission
that the owner shows was committed or omitted by a person other than the owner while
the person other than the owner possessed the conveyance in criminal violation of federal
law or the law of any state.

[(c)](D)

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An owner’s interest in real property may not be forfeited for a violation
of § 5–601, § 5–619, or § 5–620 of the Criminal Law Article.

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[(d)](E)
(1)
Except as provided in paragraph (2) of this subsection, real
property used as the principal family residence may not be forfeited under this subtitle
unless one of the owners of the real property was convicted of a violation of §§ 5–602
through 5–609, §§ 5–612 through 5–614, § 5–617, § 5–618, or § 5–628 of the Criminal Law
Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.

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(2)
Without a conviction, a court may order a forfeiture of real property
used as the principal family residence if the owner of the family residence:

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(i)

fails to appear for a required court appearance; and

(ii)
fails to surrender to the jurisdiction of the court within 180 days
after the required court appearance.

[(e)](F)

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Real property used as the principal family residence by a husband and
wife and held by the husband and wife as tenants by the entirety may not be forfeited
unless:

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(1)
the property was used in connection with a violation of §§ 5–602
through 5–609, §§ 5–612 through 5–614, § 5–617, § 5–618, or § 5–628 of the Criminal Law
Article or with an attempt or conspiracy to violate Title 5 of the Criminal Law Article; and

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(2)
both the husband and wife are convicted of a violation of §§ 5–602
through 5–609, §§ 5–612 through 5–614, § 5–617, § 5–618, or § 5–628 of the Criminal Law
Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.

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(G)

A LAW ENFORCEMENT AGENCY OR PROSECUTING AUTHORITY MAY NOT

DIRECTLY OR INDIRECTLY TRANSFER OR REFER SEIZED PROPERTY TO A FEDERAL
GOVERNMENT AGENCY OR LAW ENFORCEMENT AUTHORITY FOR FORFEITURE
UNDER FEDERAL LAW UNLESS:

(1)
AND

THE PROPERTY INCLUDES SEIZED CASH IN EXCESS OF

$50,000;

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(2)

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A CRIMINAL CASE RELATED TO THE SEIZURE IS PROSECUTED IN
THE FEDERAL COURT SYSTEM UNDER FEDERAL LAW.

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12–104.

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AT THE TIME OF SEIZURE, THE SEIZING AUTHORITY SHALL PROVIDE A
RECEIPT TO THE PERSON FROM WHOM THE PROPERTY WAS SEIZED, THAT
INCLUDES:
(a)

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(1)

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(2)

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A DETAILED DESCRIPTION OF THE PROPERTY;

A CASE NUMBER, PROPERTY INVENTORY NUMBER, OR ANY OTHER
REFERENCE NUMBER USED BY THE SEIZING AUTHORITY TO CONNECT THE
PROPERTY TO THE CIRCUMSTANCES OF THE SEIZURE;

(3)

THE NAME AND CONTACT INFORMATION OF AN INDIVIDUAL OR
OFFICE WITHIN THE SEIZING AUTHORITY THAT CAN PROVIDE INFORMATION
CONCERNING THE SEIZED PROPERTY;

(4)

NOTICE THAT THE OWNER OF THE PROPERTY MAY MAKE A
WRITTEN REQUEST THAT INCLUDES PROOF OF OWNERSHIP, FOR RETURN OF THE
SEIZED PROPERTY; AND

(5)

NOTICE THAT WITHIN 60 DAYS AFTER RECEIPT OF A WRITTEN
REQUEST FOR RETURN OF THE SEIZED PROPERTY, THE SEIZING AUTHORITY WILL
DECIDE WHETHER TO RETURN THE PROPERTY AND NOTIFY THE OWNER OF THE
DECISION.

(B)

[Within 30] IF THE PERSON WHO RECEIVED A RECEIPT UNDER
SUBSECTION (A) OF THIS SECTION IS NOT THE OWNER OF THE PROPERTY, WITHIN
15 days after the seizure of property by a seizing authority, the seizing authority shall send
by first–class mail written information to the owner of the seized property, if known,
providing:
(1)

the location and description of the seized property; and

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(2)
the name and contact information of an individual or office within the
seizing authority that can provide further information concerning the seized property,
including information on how the property may be returned to the owner.

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[(b)] (C)
The written information DISTRIBUTED BY A SEIZING AUTHORITY AS
required under this section shall state: “Seizure and forfeiture of property is a legal matter.
Nothing in this document may be construed as legal advice. You may wish to consult an
attorney concerning this matter.”.

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12–203.
(a)

Property seized under this title[:

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(1)

is not repleviable; but

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(2)]

is in the custody of the seizing authority, AND, UNLESS RETURNED TO

THE OWNER AS PROVIDED IN SUBSECTION (C) OF THIS SECTION OR § 12–207 OF THIS
SUBTITLE, IS subject only to the orders, judgments, and decrees of the court or the official

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(b)
A seizing authority may place seized property under seal and remove the
property to a place designated by the court.

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having jurisdiction over the property.

(C)

(1)

THE OWNER OF SEIZED PROPERTY MAY MAKE A WRITTEN

REQUEST THAT INCLUDES PROOF OF OWNERSHIP TO THE SEIZING AUTHORITY FOR
THE RETURN OF THE SEIZED PROPERTY.

(2) WITHIN 60 DAYS AFTER RECEIPT OF A WRITTEN REQUEST UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE SEIZING AUTHORITY SHALL MAKE A
DECISION AS TO THE DISPOSITION OF THE SEIZED PROPERTY AND SHALL NOTIFY
THE OWNER THAT:

(I)

THE SEIZING AUTHORITY DOES NOT HAVE CUSTODY OF THE
PROPERTY AND SHALL PROVIDE CONTACT INFORMATION FOR THE LAW
ENFORCEMENT AGENCY THAT DOES HAVE CUSTODY OF THE PROPERTY;

(II)

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THE SEIZING AUTHORITY DOES HAVE CUSTODY OF THE
PROPERTY AND WILL FILE A COMPLAINT FOR FORFEITURE; OR

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(III) THE SEIZING AUTHORITY DOES HAVE CUSTODY OF THE
PROPERTY AND WILL RETAIN IT FOR EVIDENTIARY PURPOSES UNTIL AFTER THE
CONCLUSION OF A CRIMINAL CASE; OR

(III) (IV)

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THE PROPERTY AND WILL PROMPTLY RETURN THE PROPERTY TO THE OWNER.

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12–203.1.

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(A)

THE SEIZING AUTHORITY DOES HAVE CUSTODY OF

FOLLOWING THE SEIZURE OF PROPERTY, A DEFENDANT OR THIRD

PARTY MAY FILE A MOTION FOR WRIT OF REPLEVIN IN THE CRIMINAL CASE IF THE
DEFENDANT OR THIRD PARTY CLAIMS TO HAVE THE RIGHT TO POSSESSION OF THE
PROPERTY.

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(B)

A MOTION FOR WRIT OF REPLEVIN UNDER THIS SECTION MAY BE FILED
AT ANY TIME BEFORE TRIAL OF THE CRIMINAL OFFENSE OR OFFENSES.
(C)

A MOTION UNDER THIS SECTION SHALL:

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(1)

BE IN WRITING; AND

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(2)

STATE IN DETAIL THE GROUNDS ON WHICH THE MOTION IS BASED.

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(D)

(1)

A CLAIMANT SHALL NOTIFY THE STATE’S ATTORNEY IN WRITING
OF THE FILING OF A MOTION UNDER THIS SECTION.
(2)

THE STATE’S ATTORNEY MAY FILE A RESPONSE TO THE MOTION

WITHIN 15 DAYS AFTER RECEIPT OF THE NOTICE REQUIRED UNDER THIS
SUBSECTION OR WITHIN THE PERIOD OF TIME THAT THE COURT ORDERS.

(E)

(1)

EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,

THE COURT SHALL HOLD A HEARING ON A MOTION FILED UNDER THIS SECTION
WITHIN 30 DAYS AFTER THE FILING OF THE MOTION.

(2)

THE COURT MAY DISMISS A MOTION WITHOUT A HEARING IF THE

COURT FINDS THAT THE MOTION FAILS TO ASSERT GROUNDS ON WHICH RELIEF MAY
BE GRANTED.

(F)

THE COURT SHALL GRANT THE MOTION IF IT FINDS THAT THE
CLAIMANT HAS SHOWN BY A PREPONDERANCE OF THE EVIDENCE THAT:
(1)

THE CLAIMANT HAS THE RIGHT TO POSSESSION OF THE
PROPERTY AND THE PROPERTY IS NOT REASONABLY REQUIRED TO BE HELD FOR
INVESTIGATORY OR EVIDENTIARY REASONS; OR

(2)

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THE PROPERTY IS THE ONLY REASONABLE MEANS FOR A
DEFENDANT TO PAY FOR LEGAL REPRESENTATION IN THE FORFEITURE OR
CRIMINAL PROCEEDING.

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(G) THE COURT MAY ORDER THE RETURN OF FUNDS OR PROPERTY
SUFFICIENT TO OBTAIN LEGAL COUNSEL BUT LESS THAN THE TOTAL AMOUNT
SEIZED.

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(H)

IN LIEU OF ORDERING THE ISSUANCE OF THE WRIT OF REPLEVIN, THE
COURT MAY:

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(1)

ORDER THE STATE TO GIVE SECURITY OR WRITTEN ASSURANCE
FOR SATISFACTION OF ANY JUDGMENT, INCLUDING DAMAGES, THAT MAY BE
RENDERED IN THE ACTION; OR

(2)

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ORDER ANY OTHER APPROPRIATE RELIEF.

12–212.

(A)

THIS SECTION DOES NOT APPLY TO:

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(1)

FIREARMS, AMMUNITION, OR EXPLOSIVES;

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(2)

PROPERTY RELATING TO CHILD PORNOGRAPHY; OR

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(3)

PROPERTY
APPROVED BY THE UNITED
CRIMINAL DIVISION.

DIRECTLY RELATING TO PUBLIC SAFETY, AS
STATES ASSISTANT ATTORNEY GENERAL FOR THE

(B)

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A seizing authority or prosecuting authority may not directly or indirectly
transfer seized property to a federal law enforcement authority or agency unless:

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(1)
a criminal case related to the seizure is prosecuted in the federal court
system under federal law; [or]

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(2)

the owner of the property consents to the forfeiture;

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(3)

THE PROPERTY IS CASH OF AT LEAST $50,000; OR

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(4)

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THE SEIZING AUTHORITY TRANSFERS THE PROPERTY TO A
FEDERAL AUTHORITY UNDER A FEDERAL SEIZURE WARRANT ISSUED TO TAKE
CUSTODY OF ASSETS ORIGINALLY SEIZED UNDER STATE LAW.

(3)

A STATE OR LOCAL LAW ENFORCEMENT AGENCY TRANSFERS THE
PROPERTY TO A FEDERAL AUTHORITY UNDER A FEDERAL SEIZURE WARRANT
ISSUED TO TAKE CUSTODY OF ASSETS ORIGINALLY SEIZED UNDER STATE LAW; OR

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(4)

THE VALUE OF THE PROPERTY IS AT LEAST $50,000 AND THE
SEIZURE WAS THE RESULT OF A JOINT INVESTIGATION COORDINATED WITH
FEDERAL AUTHORITIES.

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12–304.

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Except as provided under [subsections] SUBSECTION SUBSECTIONS (b), (C),
AND (D) [and (c)] of this section AND § 12–304.1 OF THIS SUBTITLE, a complaint seeking
forfeiture shall be filed within the earlier of:
(a)

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(1)

90 days after the seizure; or

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(2)
1 year after the final disposition of the criminal charge for the violation
giving rise to the forfeiture.

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(b)
A complaint for the forfeiture of a motor vehicle shall be filed within 45 days
after the motor vehicle is seized.

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(c)
(1)
[A proceeding about money shall be filed within 90 days after the final
disposition of criminal proceedings that arise out of the Controlled Dangerous Substances
law] IF THE STATE OR A POLITICAL SUBDIVISION DOES NOT FILE A TIMELY

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COMPLAINT SEEKING FORFEITURE UNDER SUBSECTION (A) OR (B) OF THIS SECTION,
THE PROPERTY SHALL BE PROMPTLY RELEASED TO THE OWNER, IF KNOWN.

[(2)

If the State or a political subdivision does not file proceedings about
money within the 90–day period, the money seized under this title shall be returned to the
owner on request by the owner.
(3)](2)

If the owner IS UNKNOWN OR fails to [ask the return of the
money] CLAIM THE PROPERTY within 1 year after the [final disposition of criminal
proceedings] PROPERTY WAS SEIZED, as provided under § 12–403 of this title, the
[money] PROPERTY shall revert to:
(i)

the political subdivision in which the [money] PROPERTY was

(ii)

the State, if the [money] PROPERTY was seized by State

seized; or

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authorities.

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(D) (1)
A proceeding about money shall be filed within 90 days after the final
disposition of criminal proceedings that arise out of the Controlled Dangerous Substances
law.

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(2)
If the State or a political subdivision does not file proceedings about
money within the 90–day period, the money seized under this title shall be returned to the
owner on request by the owner.

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(3)
If the owner fails to ask the return of the money within 1 year after the
final disposition of criminal proceedings, as provided under § 12–403 of this title, the money
shall revert to:

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(i)

the political subdivision in which the money was seized; or

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(ii)

the State, if the money was seized by State authorities.

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12–312.

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(a)
Except as provided in subsection (b) of this section, property or part of a
property in which a person has an ownership interest is subject to forfeiture as proceeds, if
the State establishes by clear and convincing evidence that:

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(1)
the person has violated §§ 5–602 through 5–609, §§ 5–612 through
5–614, § 5–617, § 5–618, or § 5–628 of the Criminal Law Article or has attempted or
conspired to violate Title 5 of the Criminal Law Article;

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(2)
the property was acquired by the person during the violation or within
a reasonable time after the violation; and

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(3)

there was no other likely source for the property.

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(b)
Real property used as the principal family residence may not be forfeited under
this section unless:

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(1)
an owner of the real property was convicted of a crime described under
subsection (a)(1) of this section; or

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(2)

the real property is covered by § 12–103(d)(2) of this title.

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12–304.1.

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(A) (1) A SEIZING AUTHORITY OR FORFEITING AUTHORITY MAY REQUEST
AN EXTENSION ON THE TIME LIMIT ESTABLISHED IN § 12–304 OF THIS SUBTITLE FOR
THE FILING OF A FORFEITURE PROCEEDING OR ON THE EXTENDED TIME GRANTED
BY A COURT UNDER SUBSECTION (D) OF THIS SECTION.

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(2) (I)
EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A MOTION FILED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL
BE FILED IN THE CIRCUIT COURT.

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(II)

FOR THE CONTINUED SEIZURE OF MONEY IN AN AMOUNT
THAT DOES NOT EXCEED $20,000, A MOTION FILED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL BE FILED IN THE DISTRICT COURT.

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(B)
SHALL:

(1)

A MOTION FILED UNDER SUBSECTION (A) OF THIS SECTION

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(I)

BE IN WRITING;

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(II)

DESCRIBE THE PROPERTY SEIZED; AND

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SENATE BILL 161

(III) INCLUDE THE GROUNDS FOR CONTINUED SEIZURE.

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(2) THE MOTION MAY INCLUDE A REQUEST THAT THE COURT ORDER
THE CONTENTS OF THE MOTION TO BE SEALED.
(C)

NOTICE THAT A MOTION HAS BEEN FILED UNDER SUBSECTION (A) OF
THIS SECTION SHALL BE PROVIDED TO THE OWNER OF THE SEIZED PROPERTY, IF
KNOWN.
(D)

(1)

THE COURT MAY GRANT A MOTION FILED UNDER SUBSECTION (A)

OF THIS SECTION AND EXTEND THE TIME LIMIT FOR FILING A FORFEITURE
PROCEEDING FOR NO LONGER THAN 90 DAYS, ON A FINDING OF GOOD CAUSE.

(2)

A FINDING OF GOOD CAUSE UNDER PARAGRAPH (1) OF THIS

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SUBSECTION IS ESTABLISHED BY EVIDENCE THAT THE SEIZED PROPERTY IS
RELATED TO A CRIMINAL INVESTIGATION THAT IS OF A CONTINUING NATURE.

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(E) IF THE COURT GRANTS A MOTION UNDER SUBSECTION (D) OF THIS
SECTION, THE COURT SHALL ORDER THAT THE CONTENTS OF THE MOTION BE
SEALED FOR THE PERIOD OF EXTENSION.

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12–312.

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(a)
Except as provided in subsection (b) of this section, property or part of a
property in which a person has an ownership interest is subject to forfeiture as proceeds, if
the State establishes by clear and convincing evidence that:

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(1)
the person has violated §§ 5–602 through 5–609, §§ 5–612 through
5–614, § 5–617, § 5–618, or § 5–628 of the Criminal Law Article or has attempted or
conspired to violate Title 5 of the Criminal Law Article;

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(2)
the property was acquired by the person during the violation or within
a reasonable time after the violation; and

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(3)

there was no other likely source for the property.

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(b)
Real property used as the principal family residence may not be forfeited
under this section unless:

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(1)
an owner of the real property was convicted of a crime described under
subsection (a)(1) of this section; or

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(2)

12–313.

the real property is covered by § 12–103(d)(2) of this title.

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EXCEPT FOR PURPOSES OF IMPEACHMENT, A STATEMENT MADE BY A PERSON

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REGARDING OWNERSHIP OF SEIZED PROPERTY DURING THE COURSE OF A
FORFEITURE PROCEEDING IS NOT ADMISSIBLE IN A RELATED CRIMINAL
PROSECUTION.

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12–405.

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NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE GOVERNOR SHALL
APPROPRIATE 20% OF THE PROCEEDS DEPOSITED IN THE GENERAL FUND OF THE
STATE UNDER THIS SUBTITLE TO THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE FOR THE PURPOSE OF FUNDING DRUG TREATMENT AND EDUCATION
PROGRAMS.

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SUBTITLE 6. REPORTING.

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13–601. 12–601.
(A)

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS

INDICATED.

(B)

“GOCCP” MEANS THE GOVERNOR’S OFFICE OF CRIME CONTROL AND
PREVENTION.

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(C)

“LAW

ENFORCEMENT AGENCY” MEANS A POLICE FORCE, A
MULTIJURISDICTIONAL TASK FORCE, A FIRE DEPARTMENT, OR ANY OTHER LOCAL,
COUNTY, OR STATE AGENCY THAT HAS THE AUTHORITY UNDER STATE LAW OR
OPERATES IN COOPERATION WITH A FEDERAL AGENCY UNDER FEDERAL LAW TO
ENGAGE IN SEIZURE AND FORFEITURE.

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(D) (C)
“MSAC” MEANS THE MARYLAND STATISTICAL ANALYSIS
CENTER OF GOCCP.

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13–602. 12–602.

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(A) ON AN ANNUAL BASIS, EACH LAW ENFORCEMENT AGENCY SEIZING
AUTHORITY IN CONSULTATION WITH THE CORRESPONDING FORFEITING
AUTHORITY SHALL REPORT HOW ANY FUNDS APPROPRIATED TO THE AUTHORITY AS
A RESULT OF FORFEITURE WERE SPENT IN THE PRECEDING FISCAL YEAR AND THE
FOLLOWING INFORMATION ABOUT EACH INDIVIDUAL SEIZURE AND FORFEITURE
COMPLETED BY THE AGENCY UNDER STATE FORFEITURE LAW AND FEDERAL
FORFEITURE LAW THIS TITLE:

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SENATE BILL 161

(1)

THE DATE THAT CURRENCY, VEHICLES, HOUSES, OR OTHER TYPES
OF PROPERTY WERE SEIZED;

(2)

THE TYPE OF PROPERTY SEIZED, INCLUDING YEAR, MAKE, AND
MODEL, AS APPLICABLE;

(3)

THE TYPE OF ALLEGED CRIME ASSOCIATED WITH THE SEIZURE OF

THE PROPERTY;

(4) (3)

THE OUTCOME OF RELATED CRIMINAL ACTION, INCLUDING
WHETHER CHARGES WERE BROUGHT, A PLEA BARGAIN WAS REACHED, A
CONVICTION WAS OBTAINED, OR AN ACQUITTAL WAS ISSUED;

(5)

WHETHER THE FORFEITURE PROCEDURE WAS ADMINISTRATIVE,
JUDICIAL, OR OTHER;

(6)

SUSPECT,

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WHETHER THE CLAIMANT WAS
INNOCENT OWNER, OR BOTH AS JOINT OWNERS;

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(7) WHETHER THE VENUE OF THE FORFEITURE CASE WAS AN
ADMINISTRATIVE AGENCY, A SMALL CLAIMS COURT, A CIVIL COURT, A CRIMINAL
COURT, OR ANY OTHER VENUE;

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THE

CRIMINAL

(8)

WHETHER THE PROPERTY OWNER WAS REPRESENTED BY AN
ATTORNEY IN THE FORFEITURE CASE;

(4)

WHETHER A UNIT OF FEDERAL GOVERNMENT TOOK CUSTODY OF
THE SEIZED PROPERTY, AND THE NAME OF THE UNIT;

(9) (5)

FOR PROPERTY OTHER THAN MONEY, THE MARKET VALUE
OF THE PROPERTY SEIZED;

(10) THE GROSS AMOUNT RECEIVED FROM THE FORFEITURE;

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(11) THE TOTAL ADMINISTRATIVE AND OTHER EXPENSES DEDUCTED
AS PART OF THE FORFEITURE PROCESS;

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(12) THE NET AMOUNT RECEIVED FROM THE FORFEITURE;

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(13) THE DISPOSITION OF THE PROPERTY FOLLOWING SEIZURE,
INCLUDING WHETHER THE PROPERTY WAS:

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(I)

RETURNED TO THE OWNER;

 SENATE BILL 161

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(II)

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(III) SOLD OR RETAINED AFTER FORFEITURE; AND

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(14) THE DATE OF THE DISPOSITION OF THE PROPERTY.

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(6)

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(7)

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DESTROYED; OR

IF MONEY WAS SEIZED, THE AMOUNT OF MONEY;

THE AMOUNT THE SEIZING AUTHORITY RECEIVED IN THE PRIOR
YEAR FROM THE FEDERAL GOVERNMENT AS PART OF AN EQUITABLE SHARING
AGREEMENT; AND

(8)

THE RACE AND GENDER OF THE PERSON OR PERSONS FROM WHOM
THE PROPERTY WAS SEIZED, IF KNOWN; AND

(8) (9)

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(B)

WHETHER THE PROPERTY WAS RETURNED TO THE OWNER.

MSAC MAY REQUIRE A LAW ENFORCEMENT AGENCY SEIZING

AUTHORITY TO PROVIDE RELEVANT INFORMATION NOT SPECIFIED IN SUBSECTION
(A) OF THIS SECTION.

(C)

(1) EACH LAW ENFORCEMENT AGENCY SEIZING AUTHORITY SHALL
FILE WITH MSAC THE REPORT REQUIRED UNDER SUBSECTION (A) OF THIS SECTION
FOR THE LAW ENFORCEMENT AGENCY SEIZING AUTHORITY
CORRESPONDING PROSECUTOR’S OFFICE FORFEITING AUTHORITY.

AND

THE

(2)

THE LAW ENFORCEMENT AGENCY SHALL FILE SEPARATE
REPORTS FOR FORFEITURES COMPLETED UNDER STATE FORFEITURE LAW AND
FEDERAL FORFEITURE LAW.
(3) (2)

A NULL REPORT SHALL BE FILED BY A LAW ENFORCEMENT

SEIZING AUTHORITY AGENCY THAT DID NOT ENGAGE IN SEIZURES OR FORFEITURES
UNDER THIS TITLE DURING THE REPORTING PERIOD.

(D)

(1)

MSAC SHALL DEVELOP A STANDARD FORM, A PROCESS, AND

DEADLINES FOR ELECTRONIC DATA ENTRY FOR ANNUAL SUBMISSION
FORFEITURE DATA BY LAW ENFORCEMENT AGENCIES SEIZING AUTHORITIES.

OF

(2)

MSAC SHALL COMPILE THE SUBMISSIONS AND ISSUE AN
AGGREGATE REPORT OF ALL FORFEITURES UNDER THIS TITLE IN THE STATE.
(E)

(1)

BY MARCH 1 OF EACH YEAR, MSAC SHALL MAKE AVAILABLE ON

ITS WEB SITE THE REPORTS SUBMITTED BY LAW ENFORCEMENT AGENCIES SEIZING
AUTHORITIES AND THE AGGREGATE REPORT OF MSAC.

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SENATE BILL 161

(2) GOCCP SHALL SUBMIT THE AGGREGATE REPORT TO THE
GOVERNOR, THE GENERAL ASSEMBLY, AS PROVIDED IN § 2–1246 OF THE STATE
GOVERNMENT ARTICLE, AND EACH LAW ENFORCEMENT AGENCY SEIZING
AUTHORITY BEFORE SEPTEMBER 1 OF EACH YEAR.
(F)

GOCCP MAY INCLUDE, WITH THE AGGREGATE REPORT OF MSAC,

RECOMMENDATIONS TO THE LEGISLATURE TO IMPROVE FORFEITURE STATUTES TO
BETTER ENSURE THAT FORFEITURE PROCEEDINGS ARE REPORTED AND HANDLED
IN A MANNER THAT IS FAIR TO CRIME VICTIMS, INNOCENT PROPERTY OWNERS,
SECURED INTEREST HOLDERS, CITIZENS, AND TAXPAYERS.

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IF A LAW ENFORCEMENT AGENCY SEIZING AUTHORITY FAILS TO
COMPLY WITH THE REPORTING PROVISIONS OF THIS SECTION:

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(I)
GOCCP SHALL REPORT THE NONCOMPLIANCE TO THE
POLICE TRAINING COMMISSION; AND

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(G)

(1)

(II)

THE POLICE TRAINING COMMISSION SHALL CONTACT THE
LAW ENFORCEMENT AGENCY SEIZING AUTHORITY AND REQUEST THAT THE AGENCY
COMPLY WITH THE REQUIRED REPORTING PROVISIONS.

(2)

IF THE LAW ENFORCEMENT AGENCY SEIZING AUTHORITY FAILS
TO COMPLY WITH THE REQUIRED REPORTING PROVISIONS WITHIN 30 DAYS AFTER
BEING CONTACTED BY THE POLICE TRAINING COMMISSION, GOCCP AND THE
POLICE TRAINING COMMISSION JOINTLY SHALL REPORT THE NONCOMPLIANCE TO
THE GOVERNOR AND THE LEGISLATIVE POLICY COMMITTEE OF THE GENERAL
ASSEMBLY.
(H)

(1)

MSAC MAY RECOUP ITS COSTS BY CHARGING A FEE TO LAW

ENFORCEMENT AGENCIES EACH SEIZING AUTHORITY THAT ENGAGE ENGAGES IN
SEIZURES OR FORFEITURES DURING THE REPORTING PERIOD.

(2)

A LAW ENFORCEMENT AGENCY SEIZING AUTHORITY MAY USE

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FORFEITURE PROCEEDS TO PAY THE COST OF COMPILING AND REPORTING DATA
UNDER THIS SUBTITLE, INCLUDING ANY FEE IMPOSED BY MSAC.

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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2016.