760                                            LAWS OF MARYLAND                                [Ch. 4

(A)     SEIZURE, FORFEITURE, AND DISPOSITION OF
DEVICES, EQUIPMENT, OR PROPERTY. - A NATURAL RESOURCES
POLICE OFFICER OR ANY LAW ENFORCEMENT OFFICER, UPON
ARRESTING ANY PERSON FOR VIOLATING ANY PROVISION OF
THIS TITLE OR ANY RULE OR REGULATION PROMULGATED
PURSUANT TO IT, MAY SEIZE EVERY DEVICE, EQUIPMENT,
CONVEYANCE, OR PROPERTY UNLAWFULLY USED. If THE OWNER
OR PERSON IN CHARGE OF THE SEIZED DEVICE, EQUIPMENT,
CONVEYANCE, OR PROPERTY IS CONVICTED, THE COURT MAY
DECLARE THE DEVISE, EQUIPMENT, CONVEYANCE, OR PROPERTY
FORFEITED IN ADDITION TO ANY OTHER...........................
THIS TITLE. ANY FORFEITURE BECOMES THE PROPERTY OF
THE DEPARTMENT FOR DISPOSITION AT ITS DISCRETION. IF

THE OWNER IS NOT KNOWN, THE COURT MAY PROCEED EX PARTE

TO HEAR AND DETERMINE ANY QUESTION OF    FORFEITURE. IF

THE OWNER OR PERSON CHARGED WITH THE   VIOLATION IS NOT

CONVICTED, THE DEVICE, EQUIPMENT,      CONVEYANCE, OR

PROPERTY SEIZED SHALL BE RELEASED AND    RETURNED TO HIM.

(B)      EXCEPTIONS. - HOWEVER, THE DEVICE,
EQUIPMENT, CONVEYANCE, OR PROPERTY MAY NOT BE [[SEIZED
OR]] FORFEITED IF THE OWNER WAS NOT A CONSENTING PARTY
OR PRIVY TO A VIOLATION.

REVISOR'S NOTE: Subsection (a) is new language
derived from Article 66C, sections 238,
240, 241, 310, and other similar provisions
providing for seizure and forfeiture of
unlawfully used devices, equipment, and
property. The intent is to set forth a
uniform seizure and forfeiture procedure
rather than retaining the several different
provisions presently scattered throughout
Article 66C. Forfeiture is made a
discretionary matter of the Court with the
use of the word "may". Notwithstanding
Article 26, section 155 of the Code which
provides that all forfeitures are remitted
to the District Court system, this
provision declares that forfeitures become
property of the department. The District
Court system appears ill—equipped to handle
these forfeited items. The District Court
is not anxious to assume this function and
is content to allow the department to
appropriately dispose of items. To date,
the District Court has not teen presented
any forfeiture situations.

The department would like to retain some
forfeited property for departmental use