HARRY HUGHES, Governor

665

Gaming Laws - Disposition of Contraband Money

FOR the purpose of prescribing the effect of probation under
Article 27, Section 641, on a claim for return of money
seized for a violation of gaming laws; and generally
relating to claims for return of such seized money.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 264(d)

Annotated Code of Maryland

(1976 Replacement Volume and 1978 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 27 - Crimes and Punishments

264.

(d) (1) Upon the ultimate disposition of such charge
or charges, indictment or indictments, resulting in
acquittal, dismissal, a stet, [or] a nolle prosequi, OR
PROBATION UNDER THE PROVISIONS OF SECTION 641, any person
claiming that all or any of the seized money, currency, or
cash is not contraband of law under (a) and should be
returned to the claimant, within one year after the date the
judgment or order was entered or the action was taken which
constituted the ultimate disposition, may make application
on giving ten days' prior written notice to the State
Treasurer, custodian, county treasurer, or director of
finance, to the appropriate court for a determination that
the money, currency, or cash is the property of the claimant
and for an order that it be returned.

(2)  In a proceeding upon that application an
acquittal, a dismissal, or a nolle prosequi with respect to
the gambling charges or indictments involved in the seizure
of the money, cash, or currency is prima facie evidence that
it is not contraband. A conviction, plea of guilty or of
nolo contendere, and probation [prior to judgment] UNDER THE
PROVISIONS OF SECTION 641 is prima facie evidence that it is
contraband. No presumption in the proceeding shall attach
to an entry of stet.

(3)  If a petition is not timely and properly
filed, or if it is finally decided against the claimant, the
seized moneys not disposed of shall" be forfeited to the
custodian without further judicial action.

(4)  Timely notice must be given by certified
mail or other appropriate means to any known claimants, at
their last known address, of the requirements of this