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§ 12-403. Disposition of forfeited property

West's Annotated Code of MarylandCriminal ProcedureEffective: March 7, 2020

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 12. Forfeiture--Controlled Dangerous Substances Violations (Refs & Annos)
Subtitle 4. Disposition (Refs & Annos)
Effective: March 7, 2020
MD Code, Criminal Procedure, § 12-403
§ 12-403. Disposition of forfeited property
Currentness
In general
(a)(1) Whenever property is forfeited under this title, the governing body where the property was seized may:
(i) keep the property for official use;
(ii) require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or
(iii) sell the property if:
1. the law does not require the property to be destroyed; and
2. the property is not harmful to the public.
(2) The proceeds of a sale under this subsection shall first be used to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.
State law enforcement unit as seizing authority
(b) If the seizing authority was a State law enforcement unit:
(1) under § 12-402(b) of this subtitle, the court shall order the property to be forfeited to the State law enforcement unit; or
(2) under § 12-402(d)(2)(iv) of this subtitle, the proceeds of the sale shall be paid to the State law enforcement unit.
Receipt of forfeited property or proceeds by State law enforcement unit
(c) Except as provided in subsection (d) of this section, the State law enforcement unit that receives forfeited property or proceeds from a sale of forfeited property under this section shall:
(1) dispose of the forfeited property as provided in subsection (a) of this section; and
(2) pay to the General Fund of the State any proceeds of the sale of the forfeited property.
Law enforcement units other than State
(d) Except as otherwise provided under federal law, a law enforcement unit other than a State law enforcement unit that participated with a State law enforcement unit in seizing property forfeited under this section:
(1) shall be paid by the State law enforcement unit the share of the proceeds from the sale of the forfeited property as agreed by the law enforcement units; or
(2) may ask the Governor's Office of Crime Prevention, Youth, and Victim Services to determine its share.
Proceeds deposited into general fund by law enforcement units
(e) Proceeds that a law enforcement unit other than a State law enforcement unit receives under subsection (d) of this section shall be deposited in the general fund of the political subdivision of that law enforcement unit.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2020, c. 11, § 1, eff. March 7, 2020.
Formerly Art. 27, § 297.
MD Code, Criminal Procedure, § 12-403, MD CRIM PROC § 12-403
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.
End of Document