HARRY HUGHES, Governor                                        2863

(ii) The petition, affidavit and show cause
order shall be served in the first instance pursuant to Rule 104
of the Maryland Rules of Procedure or Rule No. 104 of the
Maryland District Rules, and thereafter, the summons having been
returned non est the director of finance of Baltimore City,
county treasurer, municipal treasurer, or Attorney General may
proceed pursuant to Rule 105 b, subsection 2 and subsection 3 of
the Maryland Rules of Procedure as amended, or Rule No. 104 h of
the Maryland District Rules.

(3) (i) If proceedings relating to money or currency
are not instituted by the State or a political subdivision within
the 90 day period, the money or currency seized under this
section, upon petition by the defendant, shall be returned to the
defendant.

(ii) If the defendant fails to petition for
return of the money or currency within 1 year from the date of
final disposition of criminal proceedings, the money or currency
shall revert to the treasury as provided by subsection (d) of
this section.

(d) [Whenever] EXCEPT AS PROVIDED UNDER SUBSECTION (R) OF
THIS SECTION, WHENEVER property is forfeited under this
subheading, the political subdivision in which such property was
seized, or, if the property was seized by State authorities, the
State may:

(1)  Retain the property for official use (except,
whenever coin, currency, or property is seized by the Baltimore
City police, and forfeited under this subheading, it shall be
surrendered to the City of Baltimore for disposition according to
this section);

(2)   Sell any forfeited property which is not required
to be destroyed by law and which is not harmful to the public,
provided that the proceeds be disposed of for payment of all
proper expenses of the proceedings for forfeiture and sale
including expenses of seizure, maintenance of custody,
advertising and court costs;

(3)  Require an appropriate agency to take custody of
the property and remove it for disposition in accordance with
law, or destruction.

(g) Upon the seizure of a motor vehicle and the

recommendation for forfeiture, the State's attorney for the
county or City of Baltimore where the seizure is made shall
notify the Motor Vehicle Administrator WITHIN 5 DAYS by certified
mail of the seizure and of the motor or vehicle identification
number of the motor vehicle seized. The Administrator shall
promptly certify to the State's attorney the name and address of
the owner. The term "owner" in this subtitle includes a secured
party as well as an owner, as those terms are defined in the
Maryland Vehicle Law.