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§ 13-501. Definitions

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, § 13-501
§ 13-501. Definitions
Currentness
In general
(a) In this subtitle 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;
(4) for a commission county, the county commissioners; or
(5) for a municipal corporation, the legislative body established by municipal charter.
Convicted
(c) “Convicted” means found guilty.
Final disposition
(d) “Final disposition” means dismissal, entry of a nolle prosequi, marking of a criminal charge “stet” on the docket, entry of a not guilty verdict, pronouncement of sentence, or imposition of probation under § 6-220 of this article.
Forfeiting authority
(e) “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
(f) “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 Baltimore Police Department.
Human trafficking law
(g) “Human trafficking law” means § 3-324, § 3-1102, § 3-1103, § 11-207, § 11-304, and § 11-305 of the Criminal Law Article.
Lien
(h) “Lien” includes a mortgage, a deed of trust, a pledge, a security interest, an encumbrance, and a 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 the 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” means profits derived from a violation of the human trafficking law or property obtained directly or indirectly from those profits.
Property
(m)(1) “Property” includes:
(i) real property and anything growing on or attached to real property;
(ii) motor vehicles; and
(iii) 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 violation of the human trafficking 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 violation of the human trafficking law or that the property was the proceeds of a violation of the human trafficking law.
Real property
(n)(1) “Real property” means land or an improvement to land.
(2) “Real property” includes:
(i) a leasehold or any other limited interest in 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 human trafficking law and that has seized property under this subtitle.

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, § 13-501, MD CRIM PROC § 13-501
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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