(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(2).
(c) Controlled Dangerous Substances law.- "Controlled Dangerous Substances law" means Title 5 of the Criminal Law Article.
Revisor's Note.
This subsection is new language added to avoid the necessity of repeating the phrase "the Health - Controlled Dangerous Substances Subheading of Article 27 of the Code".
(d) Convicted.- "Convicted" means found guilty.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(3).
The former reference to a finding of guilt "by a court of competent jurisdiction" is deleted as surplusage.
(e) Final disposition.- "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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(4).
The reference to "the marking of a criminal charge 'stet' on the docket" is substituted for the former reference to "stet" for clarity.
The former reference to "the date on which any criminal charge giving rise to a forfeiture under this section is terminated" is deleted as misleading and unnecessary because "final disposition" in its ordinary meaning does not mean a date but does imply the termination of a criminal charge. Defined Terms.
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(5).
In item (1) of this subsection, the phrase "to act on behalf of the governing body regarding those assets" is added for clarity.
Also in item (1) of this subsection, the former phrase "from time to time" is deleted as unnecessary in determining who is the forfeiting authority. Defined Terms.
"Chief executive officer" § 12-101
"County" § 1-101
"Person" § 1-101
"Seizing authority" § 12-101
(g) Governing body.- "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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(6).
In item (3) of this subsection, the reference to a "municipal corporation" is substituted for the former reference to a "municipality" to conform to the terminology used in the Md. Constitution, Art. XI-E. Defined Terms.
"County" § 1-101
"Seizing authority" § 12-101
(h) Lien.- "Lien" includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(7).
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that a right of setoff is not normally included in the definition of "lien".
(i) Lienholder.- "Lienholder" means a person who has a lien or a secured interest on property created before the seizure.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(8). Defined Terms.
"Lien" § 12-101
"Person" § 1-101
"Property" § 12-101
(j) Local financial authority.- "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.
Revisor's Note.
This subsection is new language added to avoid the necessity of repeating the phrase "the treasurer or director of finance of a county, or the treasurer or director of finance of a municipal corporation". Defined Terms.
"County" § 1-101
"Seizing authority" § 12-101
(k) Owner.-
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(9). Defined Terms.
"Real property" § 12-101
(l) Proceeds.- "Proceeds" includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(10).
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that this subsection refers to a "crime" under the Controlled Dangerous Substances law but does not refer to a delinquent act that, if committed by an adult, would be a crime. Defined Terms.
"Controlled Dangerous Substances law" § 12-101
"Property" § 12-101
(m) Property.-
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(11).
In this subsection, the reference to a "crime" is substituted for the former reference to an "offense" to conform to the terminology used throughout this title.
In paragraph (1)(iii) of this subsection, the reference to a crime "under the Controlled Dangerous Substances law" is added for clarity. Defined Terms.
"Controlled Dangerous Substances law" § 12-101
"Forfeiting authority" § 12-101
"Person" § 1-101
"Proceeds" § 12-101
"Real property" § 12-101
(n) Real property.-
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(12).
(o) Seizing authority.- "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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(13). Defined Terms.
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(2).
(c) Controlled Dangerous Substances law.- "Controlled Dangerous Substances law" means Title 5 of the Criminal Law Article.
Revisor's Note.
This subsection is new language added to avoid the necessity of repeating the phrase "the Health - Controlled Dangerous Substances Subheading of Article 27 of the Code".
(d) Convicted.- "Convicted" means found guilty.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(3).
The former reference to a finding of guilt "by a court of competent jurisdiction" is deleted as surplusage.
(e) Final disposition.- "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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(4).
The reference to "the marking of a criminal charge 'stet' on the docket" is substituted for the former reference to "stet" for clarity.
The former reference to "the date on which any criminal charge giving rise to a forfeiture under this section is terminated" is deleted as misleading and unnecessary because "final disposition" in its ordinary meaning does not mean a date but does imply the termination of a criminal charge. Defined Terms.
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(5).
In item (1) of this subsection, the phrase "to act on behalf of the governing body regarding those assets" is added for clarity.
Also in item (1) of this subsection, the former phrase "from time to time" is deleted as unnecessary in determining who is the forfeiting authority. Defined Terms.
"Chief executive officer" § 12-101
"County" § 1-101
"Person" § 1-101
"Seizing authority" § 12-101
(g) Governing body.- "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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(6).
In item (3) of this subsection, the reference to a "municipal corporation" is substituted for the former reference to a "municipality" to conform to the terminology used in the Md. Constitution, Art. XI-E. Defined Terms.
"County" § 1-101
"Seizing authority" § 12-101
(h) Lien.- "Lien" includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(7).
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that a right of setoff is not normally included in the definition of "lien".
(i) Lienholder.- "Lienholder" means a person who has a lien or a secured interest on property created before the seizure.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(8). Defined Terms.
"Lien" § 12-101
"Person" § 1-101
"Property" § 12-101
(j) Local financial authority.- "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.
Revisor's Note.
This subsection is new language added to avoid the necessity of repeating the phrase "the treasurer or director of finance of a county, or the treasurer or director of finance of a municipal corporation". Defined Terms.
"County" § 1-101
"Seizing authority" § 12-101
(k) Owner.-
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(9). Defined Terms.
"Real property" § 12-101
(l) Proceeds.- "Proceeds" includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(10).
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that this subsection refers to a "crime" under the Controlled Dangerous Substances law but does not refer to a delinquent act that, if committed by an adult, would be a crime. Defined Terms.
"Controlled Dangerous Substances law" § 12-101
"Property" § 12-101
(m) Property.-
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(11).
In this subsection, the reference to a "crime" is substituted for the former reference to an "offense" to conform to the terminology used throughout this title.
In paragraph (1)(iii) of this subsection, the reference to a crime "under the Controlled Dangerous Substances law" is added for clarity. Defined Terms.
"Controlled Dangerous Substances law" § 12-101
"Forfeiting authority" § 12-101
"Person" § 1-101
"Proceeds" § 12-101
"Real property" § 12-101
(n) Real property.-
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(12).
(o) Seizing authority.- "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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(13). Defined Terms.
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(2).
(c) Controlled Dangerous Substances law.- "Controlled Dangerous Substances law" means Title 5 of the Criminal Law Article.
Revisor's Note.
This subsection is new language added to avoid the necessity of repeating the phrase "the Health - Controlled Dangerous Substances Subheading of Article 27 of the Code".
(d) Convicted.- "Convicted" means found guilty.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(3).
The former reference to a finding of guilt "by a court of competent jurisdiction" is deleted as surplusage.
(e) Final disposition.- "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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(4).
The reference to "the marking of a criminal charge 'stet' on the docket" is substituted for the former reference to "stet" for clarity.
The former reference to "the date on which any criminal charge giving rise to a forfeiture under this section is terminated" is deleted as misleading and unnecessary because "final disposition" in its ordinary meaning does not mean a date but does imply the termination of a criminal charge. Defined Terms.
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(5).
In item (1) of this subsection, the phrase "to act on behalf of the governing body regarding those assets" is added for clarity.
Also in item (1) of this subsection, the former phrase "from time to time" is deleted as unnecessary in determining who is the forfeiting authority. Defined Terms.
"Chief executive officer" § 12-101
"County" § 1-101
"Person" § 1-101
"Seizing authority" § 12-101
(g) Governing body.- "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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(6).
In item (3) of this subsection, the reference to a "municipal corporation" is substituted for the former reference to a "municipality" to conform to the terminology used in the Md. Constitution, Art. XI-E. Defined Terms.
"County" § 1-101
"Seizing authority" § 12-101
(h) Lien.- "Lien" includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(7).
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that a right of setoff is not normally included in the definition of "lien".
(i) Lienholder.- "Lienholder" means a person who has a lien or a secured interest on property created before the seizure.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(8). Defined Terms.
"Lien" § 12-101
"Person" § 1-101
"Property" § 12-101
(j) Local financial authority.- "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.
Revisor's Note.
This subsection is new language added to avoid the necessity of repeating the phrase "the treasurer or director of finance of a county, or the treasurer or director of finance of a municipal corporation". Defined Terms.
"County" § 1-101
"Seizing authority" § 12-101
(k) Owner.-
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(9). Defined Terms.
"Real property" § 12-101
(l) Proceeds.- "Proceeds" includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(10).
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that this subsection refers to a "crime" under the Controlled Dangerous Substances law but does not refer to a delinquent act that, if committed by an adult, would be a crime. Defined Terms.
"Controlled Dangerous Substances law" § 12-101
"Property" § 12-101
(m) Property.-
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(11).
In this subsection, the reference to a "crime" is substituted for the former reference to an "offense" to conform to the terminology used throughout this title.
In paragraph (1)(iii) of this subsection, the reference to a crime "under the Controlled Dangerous Substances law" is added for clarity. Defined Terms.
"Controlled Dangerous Substances law" § 12-101
"Forfeiting authority" § 12-101
"Person" § 1-101
"Proceeds" § 12-101
"Real property" § 12-101
(n) Real property.-
(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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(12).
(o) Seizing authority.- "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.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 297(a)(13). Defined Terms.
