Ch. 5

2003 LAWS OF MARYLAND

OF TITLE 11, SUBTITLE 1 OF THE PUBLIC SAFETY ARTICLE, THE COURT ON
CONVICTION OF THE PERSON SHALL ORDER THE MOTOR VEHICLE, OTHER VEHICLE,
VESSEL, OR AIRCRAFT TO BE FORFEITED TO THE STATE OR A COUNTY, BASED ON
WHICH JURISDICTION INITIATED THE INVESTIGATION.

(C)     SECURITY INTERESTS.

IF A COURT ORDERS FORFEITURE UNDER SUBSECTION (B) OF THIS SECTION,
THE INTEREST TRANSFERRED TO THE STATE OR COUNTY IS SUBORDINATE TO THE
HOLDER OF A PERFECTED SECURITY INTEREST IN THE MOTOR VEHICLE, OTHER
VEHICLE, VESSEL, OR AIRCRAFT.

(D)  DISPOSITION OF FORFEITED PROPERTY.

(1)   AFTER DISCHARGING ANY PERFECTED SECURITY INTEREST IN A
FORFEITED MOTOR VEHICLE, OTHER VEHICLE, VESSEL, OR AIRCRAFT, THE
SECRETARY OF STATE POLICE OR THE LOCAL GOVERNING BODY OF A COUNTY MAY:

(I)   USE THE FORFEITED MOTOR VEHICLE, OTHER VEHICLE,
VESSEL, OR AIRCRAFT FOR PUBLIC PURPOSES; OR

(II)  SELL, EXCHANGE, OR CONVEY THE FORFEITED MOTOR
VEHICLE, OTHER VEHICLE, VESSEL, OR AIRCRAFT.

(2)   ANY MONEY RECEIVED FROM THE SALE, EXCHANGE, OR
CONVEYANCE SHALL BE DEPOSITED IN THE GENERAL FUND OF THE STATE OR
COUNTY.

REVISOR'S NOTE: Chapter 5, Acts of 2003, which enacted the Public Safety
Article, also enacted this section, which is new language derived without
substantive change from former Art. 38A, § 34F.

In subsections (b), (c), and (d) of this section, the former references to
"Baltimore City" are deleted in light of the defined term "county", which
includes Baltimore City. See § 1-101 of this article.

In subsection (b) of this section, the former references to "fine[s]" are
deleted as included in the reference to a "penalty".

In subsection (c) of this section, the phrase "[i]f a court orders forfeiture
under subsection (b) of this section" is added to state explicitly how the
interest is transferred.

In subsection (d)(1) of this section, the general reference to the "local
governing body" of a county is substituted for the former specific reference
to the "county commissioners or the Mayor and City Council of Baltimore
City" to conform to terminology used in the Public Safety Article. See Title
14, Subtitle 4 of the Public Safety Article. This provision applies to all
counties in the State, regardless of their form of governance.

In subsection (d)(2) of this section, the former reference to "cash" is deleted
as included in the reference to "money".

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