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Session Laws, 1972
Volume 708, Page 1700   View pdf image
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1700                             Laws of Maryland                      [Ch. 659

the vehicle, the clerk of the court where the petition is filed shall
have an appraisal made by the sheriff of the county or city in which
the court is located. The sheriff shall promptly inspect and render an
appraisal of the value of the vehicle and return the appraisal, in
writing, under oath, to the clerk of the court in which the proceedings
are pending. Upon the filing of the appraisal, the owner may give
bond payable to the State of Maryland, in an amount equal to the
appraised value of the vehicle plus court costs which may accrue, with
security to be approved by the clerk, and conditioned for performance
on the final judgment of the court after the hearing on the petition,
the court directs that the motor vehicle or such interest or equity as
the owner may have therein, be forfeited, judgment may thereupon
be entered against the obligors on the bond for the penalty thereof,
without further or other proceeding, to be discharged by the payment
of the appraised value of the vehicle so seized and forfeited and costs,
upon which judgment execution may issue.

(j) (N) Subject to the provisions permitting posting of a bond, the
court shall retain custody of the motor vehicle pending prosecution of
the person accused of the felony and in case such person be found
guilty, the motor vehicle shall remain in the custody of the court
until the hearing on the forfeiture is held. The hearing shall be
scheduled no more than SO days after conviction of the defendant,
and reasonable notice shall be given to those parties filing an answer
to the petition.

(k) (O) If no timely answer is filed, the court shall hear evidence
upon the motor vehicle's use in the perpetration of or in connection
with a felony VIOLATION OF THIS SUBTITLE and shall upon sat-
isfactory proof thereof, order the motor vehicle forfeited to the State.

(l) (P) At the scheduled hearing, any owner who filed a timely
answer may show by competent evidence that the motor vehicle was
not in fact used in the perpetration of or in connection with a felony
VIOLATION OF THIS SUBTITLE on that he neither knew nor
should have known that the motor vehicle was being, or was to be
SO, used in the perpetration of or in connection with a felony. Upon
the determination that the motor vehicle was not so used, the court
shall order that the motor vehicle be released to the owner.

(m) (Q) If after a full hearing the court decides that the vehicle
was used in the perpetration of or in connection with a felony VIO-
LATION OF THIS SUBTITLE or that the owner knew or should have
known that the motor vehicle was being, or was to be SO, used in the
perpetration of or in connection with a felony, the court shall order
that the motor vehicle be sold or used by FORFEITED TO the State.

(n) (R) If THE COURT SHALL DETERMINE THAT the
forfeited motor vehicle be subject to a bona fide recorded security
interest created without the knowledge that the motor vehicle was
being, or was to be, used in the perpetration of or in connection with
a felony, VIOLATION OF THIS SUBTITLE, the court shall order
that the motor vehicle be sold by the State.

(o) (S) If a vehicle is ordered to be sold under the provisions of
this section, the sale shall be at public auction at some place which is
open, convenient, and accessible to the public, at any time between 10
o'clock a.m. and 6 o'clock p.m. on any weekday, provided the time,


 

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Session Laws, 1972
Volume 708, Page 1700   View pdf image
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