§ 12-101
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/md/criminal-procedure/12-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§12–101.
(a)In this title the following words have the meanings indicated.
(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 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.
(c)“Controlled Dangerous Substances law” means Title 5 of the Criminal Law Article.
(d)“Convicted” means found guilty.
(e)“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.
(f)“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.
(g)“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.
(h)“Lien” includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff.
(i)“Lienholder” means a person who has a lien or a secured interest on property created before the seizure.
(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 that municipal corporation.
(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.
(l)“Proceeds” includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.
(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.
(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.
(o)“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.