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§ 13-510. Owners wishing to obtain possession of seized property

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2013

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, 2013
MD Code, Criminal Procedure, § 13-510
§ 13-510. Owners wishing to obtain possession of seized property
Currentness
Conveyance of interest in real property or removal of building or fixture from real property
(a)(1) Except as provided in §§ 13-512 and 13-513 of this subtitle, an owner of seized property who wishes to obtain possession of the property, to convey an interest in real property, or to remove a building or fixture from real property shall notify the clerk of the proper court.
(2) If forfeiture proceedings have begun, the proper court is the court where the proceedings have begun.
(3) If criminal proceedings have begun but forfeiture proceedings have not begun, the proper court is the court where the criminal proceedings have begun.
(4) If both forfeiture proceedings and criminal proceedings have not begun, the proper court is the circuit court for the county where the property was seized.
Motor vehicles not needed for evidentiary purposes
(b)(1) Unless the forfeiting authority and the owner agree to a bond in another amount, if a motor vehicle is not needed for evidentiary purposes in a judicial proceeding:
(i) the court shall appraise the value of the motor vehicle on the basis of the average value of the motor vehicle set forth in the National Automobile Dealers Association official used car guide; or
(ii) if the owner shows that a lien is on the motor vehicle and the owner agrees to make the required payments to the lienholder, the court shall require a bond in an amount of the average value of the motor vehicle set forth in the National Automobile Dealers Association official used car guide, less the amount owed on the lien.
(2) For a motor vehicle, the court shall appraise the value in the manner provided in this subsection and provide the appraisal in writing to the clerk of the court.
Other property not needed for evidentiary purposes
(c)(1) If property other than a motor vehicle is not needed for evidentiary purposes in a judicial proceeding, the clerk shall obtain an independent appraisal of the value of the property.
(2) The sheriff or other person responsible for an appraisal under this subsection shall promptly:
(i) inspect and appraise the value of the property; and
(ii) return the appraisal in writing under oath to the clerk of the court.
Notice of appraisal
(d) Notice of the appraisal shall be sent to all lienholders shown in the records required by law for notice or the perfection of the lien.
Bonds payable to clerk for value of property
(e)(1) On the filing of an appraisal, the owner may give bond payable to the clerk of the court in an amount equal to the greater of:
(i) the appraised value of the property plus any accrued costs; or
(ii) the aggregate amount of the liens on the property that are shown in the records required by law for the notice or perfection of liens.
(2) A person may give a bond under this subsection by cash, through a surety, through a lien on real property, or by other means that the clerk approves.
(3) A bond authorized under this subsection:
(i) shall be conditioned for performance on final judgment by the court;
(ii) shall be filed in the District Court or circuit court where the criminal action that gave rise to the seizure is pending; and
(iii) unless a complaint for forfeiture has been filed, shall be part of the same criminal proceeding.
(4) If a criminal action is not pending or a forfeiture complaint has not been filed, the bond shall be filed in the circuit court or District Court where the property was seized.
Judgment in amount of bond
(f)(1) If the court orders that property or an interest or equity in the property or proceeds be forfeited under this subtitle, the court shall enter judgment in the amount of the bond against the obligors on the bond without further proceedings.
(2) Payment of the amount of the bond shall be applied as provided under § 13-528(c)(3) of this subtitle.

Credits

Added by Acts 2013, c. 636, § 1, eff. Oct. 1, 2013.
MD Code, Criminal Procedure, § 13-510, MD CRIM PROC § 13-510
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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