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§ 12-101. Definitions

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 12. Forfeiture--Controlled Dangerous Substances Violations (Refs & Annos)
Subtitle 1. Definitions; Property Subject to Forfeiture (Refs & Annos)
MD Code, Criminal Procedure, § 12-101
§ 12-101. Definitions
Currentness
In general
(a) In this title the following words have the meanings indicated.
Chief executive officer
(b) “Chief executive officer” means:
(1) for Baltimore City, the Mayor;
(2) for a charter county, the county executive or, if there is no county executive, the county council;
(3) for a code county, the county commissioners or county council;
(4) for a county commissioner county, the county commissioners; or
(5) for a municipal corporation, the legislative body established by municipal charter.
Controlled Dangerous Substances law
(c) “Controlled Dangerous Substances law” means Title 5 of the Criminal Law Article.
Convicted
(d) “Convicted” means found guilty.
Final disposition
(e) “Final disposition” means a dismissal, entry of a nolle prosequi, the marking of a criminal charge “stet” on the docket, entry of a not guilty verdict, the pronouncement of sentence, or imposition of probation under § 6-220 of this article.
Forfeiting authority
(f) “Forfeiting authority” means:
(1) the unit or person designated by agreement between the State's Attorney for a county and the chief executive officer of the governing body having jurisdiction over assets subject to forfeiture to act on behalf of the governing body regarding those assets; or
(2) if the seizing authority is a unit of the State, a unit or person that the Attorney General or the Attorney General's designee designates by agreement with a State's Attorney, county attorney, or municipal attorney to act on behalf of the State regarding assets subject to forfeiture by the State.
Governing body
(g) “Governing body” includes:
(1) the State, if the seizing authority is a unit of the State;
(2) a county, if the seizing authority is a unit of a county;
(3) a municipal corporation, if the seizing authority is a unit of a municipality; and
(4) Baltimore City, if the seizing authority is the Police Department of Baltimore City.
Lien
(h) “Lien” includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff.
Lienholder
(i) “Lienholder” means a person who has a lien or a secured interest on property created before the seizure.
Local financial authority
(j) “Local financial authority” means:
(1) if the seizing authority is a unit of a county, the treasurer or director of finance of the county; or
(2) if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of that municipal corporation.
Owner
(k)(1) “Owner” means a person having a legal, equitable, or possessory interest in property.
(2) “Owner” includes:
(i) a co-owner;
(ii) a life tenant;
(iii) a remainderman to a life tenancy in real property;
(iv) a holder of an inchoate interest in real property; and
(v) a bona fide purchaser for value.
Proceeds
(l) “Proceeds” includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.
Property
(m)(1) “Property” includes:
(i) real property and anything growing on or attached to real property;
(ii) tangible and intangible personal property, including:
1. securities;
2. negotiable and nonnegotiable instruments;
3. vehicles and conveyances of any type;
4. privileges;
5. interests;
6. claims; and
7. rights;
(iii) an item, object, tool, substance, device, or weapon used in connection with a crime under the Controlled Dangerous Substances law; and
(iv) money.
(2) “Property” does not include:
(i) an item unlawfully in the possession of a person other than the owner when used in connection with a crime under the Controlled Dangerous Substances law; or
(ii) a lessor's interest in property subject to a bona fide lease, unless the forfeiting authority can show that the lessor participated in a crime under the Controlled Dangerous Substances law or that the property was the proceeds of a crime under the Controlled Dangerous Substances law.
Real property
(n)(1) “Real property” means land or an improvement to land.
(2) “Real property” includes:
(i) a leasehold or other limited interest in real property;
(ii) an easement; and
(iii) a reversionary interest in a 99-year ground lease renewable forever.
Seizing authority
(o) “Seizing authority” means a law enforcement unit in the State that is authorized to investigate violations of the Controlled Dangerous Substances law and that has seized property under this title.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002.
Formerly Art. 27, § 297.
MD Code, Criminal Procedure, § 12-101, MD CRIM PROC § 12-101
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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