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2905
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MARVIN MANDEL, Governor
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Article 27 — Crimes and Punishments
264.
(a) Whenever any money, currency, or cash [shall
be] IS seized or captured by any police officer in
Baltimore City, Allegany, Anne Arundel, Calyert, Carroll,
Cecil, Garrett, Harford, Howard, Kent, Prince George's,
St. Mary's, Washington and Wicomico counties in
connection with any arrest for the playing or operation
of any bookmaking, betting and wagering on horses or
athletic events, or any lottery game, table, or gaming
device unlawful under the provisions of this article, all
such money, currency, or cash shall be deemed prima facie
to be contraband of law as a gambling device or as a part
of a gambling operation. All rights, title, and interest
in and to such money, currency, or cash shall immediately
vest in and to the local governments of the city and
counties, OR IF SEIZED BY STATE AUTHORITIES, TO THE
STATE, and no such money, currency, or cash shall be
returned to any person claiming the same, or to any other
person, except [in the manner hereinafter in this section
provided.] AS PROVIDED IN THIS SECTION. THE BALTIMORE
CITY POLICE DEPARTMENT IS NOT A STATE, AUTHORITY FOR THE
PURPOSES OF THIS SECTION.
(c) If the trial or other ultimate disposition of
such charge or charges, indictment or indictments,
results in a record of conviction being entered against
the person or persons so arrested, in connection with
which the [said] money, currency, or cash may have been
so seized or captured, THE STATE TREASURER, the county
treasurer of the county or director of finance in
Baltimore City, shall within [ninety] 180 90 days from
the date of the record of the entry of such conviction,
unless the case is appealed to an appellate court, make
application to the DISTRICT COURT OR circuit court of the
county OR TO THE DISTRICT COURT OF BALTIMORE CITY OR A
LAW COURT OF THE SUPREME BENCH OF BALTIMORE CITY, for an
order declaring and ordering that such money, currency or
cash in the custody of the STATE TREASURER, director of
finance or county treasurer shall be forfeited to the
sole use and gain of the STATE, county or city. The
court to which any such application has been directed
shall establish to its satisfaction that there is no
pending and undetermined suit or proceeding which has
been filed in any court of competent jurisdiction,
against the director of finance or treasurer, seeking a
return or recovery of the money, currency or cash so held
in custody, before the court shall proceed so to order a
forfeiture of such money, currency or cash to the STATE,
county OR BALTIMORE CITY.
(1) All applications for the forfeiture of
contraband shall be by petition and a copy of the
petition and show cause order shall be served in the
first instance pursuant to Rule 104 of the Maryland Rules
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