Marvin Mandel, Governor                       1697

AN ACT TO ADD NEW SECTIONS 297(F) THROUGH (U),
INCLUSIVE, TO ARTICLE 27 OF THE ANNOTATED CODE
OF MARYLAND (1971 REPLACEMENT VOLUME AND
1971 SUPPLEMENT), TITLE "CRIMES AND PUNISH-
MENTS," SUBTITLE "HEALTH—CONTROLLED DANGER-
OUS SUBSTANCES," TO FOLLOW IMMEDIATELY AFTER
SECTION 297(E) THEREOF, TO PROVIDE CERTAIN
GUIDELINES AND PROCEDURES FOR THE SEIZURE
AND FORFEITURE OF MOTOR VEHICLES USED IN VIO-
LATION OF THAT SUBTITLE.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 581A be and it is hereby added to Article 27 of the
Annotated Code of Maryland (1971 Replacement Volume and 1971
Supplement), title "Crimes and Punishments," to follow immediately
after Section 581 thereof, and to be under the new subtitle "Vehicles

Used for Crimes," and that subsection (a) of Section 297 of said

Article and title of the Code, subtitle "Health Controlled Dangerous
Substances," be and it is hereby repealed and re enacted, with amend-
ments, all to read as follows: THAT NEW SECTIONS 297(F)
THROUGH (U), INCLUSIVE, BE AND THEY ARE HEREBY
ADDED TO ARTICLE 27 OF THE ANNOTATED CODE OF
MARYLAND (1971 REPLACEMENT VOLUME AND 1971 SUP-
PLEMENT), TITLE AND SUBTITLE "CRIMES AND PUN-
ISHMENTS," TO FOLLOW IMMEDIATELY AFTER SECTION
297(E) THEREOF, AND TO READ AS FOLLOWS:

581A 297.

(1) The owner or owners knew or should have known of its use in
connection with a felony; and

(2) the person by whom the motor vehicle was used in violating

the law has been convicted for the violation.

(F) IN EXERCISING THE AUTHORITY TO SEIZE MOTOR
VEHICLES PURSUANT TO THIS SECTION THE FOLLOWING
STANDARDS SHALL BE UTILIZED:

(1) A MOTOR VEHICLE USED IN VIOLATION OF THIS
SECTION SHALL BE SEIZED AND FORFEITURE RECOM-
MENDED TO THE STATE'S ATTORNEY WHEN:

(I) CONTROLLED DANGEROUS SUBSTANCES IN ANY
QUANTITY ARE SOLD OR ATTEMPTED TO BE SOLD IN
VIOLATION OF THIS SUBTITLE;

(a) The Maryland State Police and the Police Departments of the

several counties and of the City of Baltimore may seize any motor

vehicle used in the perpetration of or in connection with a felony. The

seizure shall be executed under process issued by any court having

jurisdiction over the vehicle, except that seizure without process

may be made if the seizure is incident to an arrest or a search under a

search warrant.

(b) Except as otherwise provided in this section, any motor ve-

hicle seized pursuant to this section is liable to forfeiture to the

State of Maryland if: