feited to the State. Any judgment of conviction entered by a court

having jurisdiction shall also be deemed to be an order of forfeiture

of such articles. If the judgment of conviction is by a jury, the

court shall thereupon sua sponte immediately enter an order of

forfeiture.

(ii) Notwithstanding the provisions of paragraph (c) (i) hereof,
upon petition of any person other than the person convicted of violat-

ing Section 36B of this article filed prior to the judgment of convic-

tion or within ten days thereafter, the Court may decline to order

forfeiture or may strike any order of forfeiture and order the return
of seized property if the petitioner shall prove, by a fair preponder-
ance of the evidence that (A) the petitioner is the owner of the prop-

erty; (B) said petitioner did not know and should not have known

that the property was being or would be worn, carried, transported,
or used in violation of Section 36B of this article; and (C) the prop-
erty is not needed as evidence in any other pending criminal case.

(C) PROCEDURE RELATING TO FORFEITURE.

(1) UPON THE SEIZURE OF PROPERTY PURSUANT TO
THIS SECTION, THE STATE'S ATTORNEY SHALL NOTIFY
ANY OFFICIAL AGENCY WHICH REGISTERS SUCH PROP-
ERTY OF THE SEIZURE AND SHALL REQUEST THE NAME
AND ADDRESS OF THE OWNER THEREOF. IF, AS A RESULT
OF SUCH INQUIRY, OR ANY OTHER INQUIRY WHICH HE
MAY CONDUCT, THE STATE'S ATTORNEY DETERMINES
THE NAME AND ADDRESS OF THE OWNER OF THE PROP-
ERTY, HE SHALL NOTIFY THE OWNER BY CERTIFIED
MAIL OF THE SEIZURE AND OF THE STATE'S ATTORNEY'S
DETERMINATION OF WHETHER THE OWNER KNEW OR
SHOULD HAVE KNOWN THAT THE PROPERTY WAS WORN,
CARRIED, TRANSPORTED OR USED IN VIOLATION OF
SECTION 36B.

(2) IF THE STATE'S ATTORNEY DETERMINES THAT THE
OWNER NEITHER KNEW NOR SHOULD HAVE KNOWN OF
THE USE OR INTENDED USE OF THE PROPERTY IN VIOLA-
TION OF SECTION 36B, HE SHALL SURRENDER THE PROP-
ERTY UPON REQUEST TO THE OWNER UNLESS HE DETER-
MINES THAT THE PROPERTY IS NEEDED AS EVIDENCE
IN A PENDING CRIMINAL CASE, IN WHICH EVENT HE
SHALL RETURN THE PROPERTY UPON THE FINAL CON-
CLUSION OF THE CASE OR CASES IN WHICH THE PROP-
ERTY IS NEEDED AS EVIDENCE.

(3) IF THE STATE'S ATTORNEY DETERMINES THAT
THE PROPERTY SHOULD BE FORFEITED TO THE STATE,
HE SHALL PETITION THE CIRCUIT COURT OF THE APPRO-
PRIATE SUBDIVISION IN THE NAME OF THE STATE OF
MARYLAND AGAINST THE PROPERTY AS DESIGNATED
BY MAKE, MODEL, YEAR, AND MOTOR OR SERIAL NUM-
BER OR OTHER IDENTIFYING CHARACTERISTIC. THE
PETITION SHALL ALLEGE THE SEIZURE AND SET FORTH
IN GENERAL TERMS THE CAUSES OR GROUNDS OF FOR-
FEITURE. IT SHALL ALSO PRAY THAT THE PROPERTY BE
CONDEMNED AS FORFEITED TO THE STATE AND DIS-
POSED OF ACCORDING TO LAW.

Marvin Mandel, Governor                             45