HARRY HUGHES, Governor

779

(B)  ASSETS BECOME PROPERTY OF STATE.

(1)   IF ANY PROPERTY OF AN INDIVIDUAL ADMITTED
UNDER THE MARYLAND MENTAL HYGIENE LAW REMAINS IN THE CUSTODY
OF A PUBLIC FACILITY FOR 1 YEAR AFTER THE DEATH OR ESCAPE OF
THE INDIVIDUAL, THE ADMINISTRATIVE HEAD OF THE FACILITY
SHALL INVESTIGATE TO DETERMINE IF ANY OTHER PERSON LEGALLY
IS ENTITLED TO THAT PROPERTY.

(2)   IF SUCH A PERSON IS NOT FOUND:

(I)  AS MUCH AS POSSIBLE OF THE ACCOUNT OF
THE INDIVIDUAL AT THE FACILITY SHALL BE PAID FROM THE
PROPERTY; AND

(II)  ANY BALANCE BECOMES THE PROPERTY OF
THIS STATE AND SHALL BE PAID INTO THE GENERAL FUND OF THIS

STATE.

(C)  CLAIM OF OTHERS.

(1)  AN ACTION MAY NOT BE BROUGHT MORE THAN 3
YEARS AFTER THE DEATH OR ESCAPE OF AN INDIVIDUAL TO RECOVER
PROPERTY OF THE INDIVIDUAL LEFT AT OR IN THE CUSTODY OF THE
FACILITY.

(2)  THIS SUBSECTION DOES. NOT WAIVE ANY DEFENSE,
INCLUDING THE DEFENSE OF GOVERNMENTAL IMMUNITY, AVAILABLE TO
ANY FACILITY OR OTHER STATE AGENCY IN AN ACTION BROUGHT
AGAINST IT, EVEN IF THE ACTION IS BROUGHT WITHIN 3 YEARS
AFTER THE DEATH OR ESCAPE OF THE INDIVIDUAL.

REVISOR'S NOTE: This - section formerly appeared as
Article 59, § 47.

In subsection (b)(1) of this section, the term

"administrative head" is substituted for the word
"superintendent", for consistency with the
terminology used in Title 10 of this article.

The only other changes are in style.

As to abandoned property generally, see the
General Revisor's Note to this title.

Defined terms: "Admission" § 10-101
"Facility" § 1-101 "Person" § 1-101
"Includes"/"including" § 1-101

SUBTITLE 4. SPECIAL PROVISIONS AS TO MENTAL RETARDATION.

16-401. APPLICABILITY OF SUBTITLE 2.

EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, SUBTITLE