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§ 13-528. Determination by court

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2019

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 13. Other Forfeitures (Refs & Annos)
Subtitle 5. Violations of the Human Trafficking Law (Refs & Annos)
Effective: October 1, 2019
MD Code, Criminal Procedure, § 13-528
§ 13-528. Determination by court
Currentness
Release of property
(a) After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released.
Forfeiture of property to appropriate governing body
(b) Subject to § 13-529 of this subtitle, if the court determines that the property should be forfeited, the court shall order that the property be forfeited to the appropriate governing body.
Forfeited property subject to lien
(c)(1) If the court determines that the forfeited property is subject to a valid lien created without actual knowledge of the lienholder that the property was being or was to be used in violation of § 3-1102 or § 3-1103 of the Criminal Law Article, the court shall order that the property be released within 5 days to the first priority lienholder.
(2) The lienholder shall sell the property in a commercially reasonable manner.
(3) The proceeds of the sale shall be applied as follows:
(i) to the court costs of the forfeiture proceeding;
(ii) to the balance due the lienholder, including all reasonable costs incident to the sale;
(iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure or maintenance of custody; and
(iv) to the General Fund of the State or of the political subdivision that seized the property.

Credits

Added by Acts 2013, c. 636, § 1, eff. Oct. 1, 2013. Amended by Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019.
MD Code, Criminal Procedure, § 13-528, MD CRIM PROC § 13-528
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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