Marvin Mandel, Governor                           47

(8) (7) IF NO TIMELY ANSWER IS FILED, THE COURT
SHALL HEAR EVIDENCE UPON THE USE OF THE PROP-
ERTY IN VIOLATION OF SECTION 36B AND SHALL UPON
SATISFACTORY PROOF THEREOF, ORDER THE VEHICLE
PROPERTY FORFEITED TO THE STATE.

(9) (8) AT THE SCHEDULED HEARING, ANY OWNER WHO
FILED A TIMELY ANSWER MAY SHOW BY COMPETENT
EVIDENCE THAT THE PROPERTY WAS NOT IN FACT
USED IN VIOLATION OF SECTION 36B OR THAT HE
NEITHER KNEW NOR SHOULD HAVE KNOWN THAT THE
VEHICLE PROPERTY WAS BEING, OR WAS TO BE SO USED.
UPON THE DETERMINATION THAT THE PROPERTY WAS
NOT SO USED, THE COURT SHALL ORDER THAT THE PROP-
ERTY BE RELEASED TO THE OWNER.

(10) (9) IF AFTER A FULL HEARING THE COURT DECIDES
THAT THE PROPERTY WAS USED IN VIOLATION OF
SECTION 36B OR THAT THE OWNER KNEW OR SHOULD
HAVE KNOWN THAT THE PROPERTY WAS BEING, OR
WAS TO BE SO USED, THE COURT SHALL ORDER THAT THE
PROPERTY BE FORFEITED TO THE STATE.

(11) IN THE EVENT A BOND HAS BEEN FILED PUR-
SUANT TO THIS SUBSECTION AND THE VEHICLE IS
ORDERED FORFEITED, THE PROCEEDS OF THE BOND
SHALL BE PAID TO THE STATE IN LIEU OF FORFEITURE
OF THE VEHICLE.

(d) Whenever property is forfeited under this section, it shall be
turned over to the State Secretary of General Services who may (i)
order the property retained for official use of State agencies, or (it)
make such other disposition of the property as he may deem appro-
priate. PROVIDED HOWEVER, THAT, IF THE FORFEITED
PROPERTY IS A MOTOR VEHICLE THE STATE SECRETARY
OF GENERAL SERVICES SHALL ORDER THAT THE MOTOR
VEHICLE BE SOLD OR USED BY LAW ENFORCEMENT PER-
SONNEL FOR INVESTIGATIVE PURPOSES ONLY.

36D. Limited Search.

(a) Any law enforcement officer who, in the light of his observa-
tions, information, and experience, may have HAS a reasonable belief
that (i) a person may be wearing, carrying, or transporting a hand-
gun in violation of Section 36B of this article, (ii) by virtue of his
possession of a handgun, such person is or may be presently danger-
ous to the officer or to others, (iii) it is impracticable, under the cir-
cumstances, to obtain a search warrant; and (iv) it is necessary for
the officer's protection or the protection of others to take swift
measures to discover whether such person is, in fact, wearing, car-
rying, or transporting a handgun, such officer may

(1)  approach the person and identify himself as a law enforce-
ment officer;

(2)  request the person's name and address, and, if the person is
in a vehicle, his license to operate the vehicle, and the vehicle's
registration; and