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Ch. 437
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1362
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LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 27 - Crimes and Punishments
297.
(b) (1) Any property subject to forfeiture under this
subheading may be seized upon process issued by any court having
jurisdiction over the property except that seizure without such
process may be made when--
[(1)] (I) The seizure is incident to an arrest or a
search under a search warrant or an inspection under an
administrative inspection warrant;
[(2)] (II) The property subject to seizure has been
the subject of a prior judgment in favor of the State in a
criminal injunction or forfeiture proceeding under this
subheading;
[(3)] (III) There is probable cause to believe that
the property is directly or indirectly dangerous to health or
safety; or
[(4)] (IV) There is probable cause to believe that
the property has been used or intended to be used in violation of
this subheading.
(2) In the event of seizure pursuant to paragraphs
(3) (1)(III) and (4) (1)(IV) of this subsection, proceedings
under subsection (d) of this section shall be instituted
promptly, except all proceedings relating to money or currency,
which shall be instituted within 90 days from the date of final
disposition of criminal proceedings which arise out of Article
27, § 276 through § 302 inclusive.
(i) All applications for the forfeiture of
money or currency contraband shall be made by the director of
finance of Baltimore City, the county treasurer, municipal
treasurer, or the Attorney General. The applications shall be by
petition, affidavit and show cause order and shall be filed in
the District Court or circuit court of the county.
(ii) The petition, affidavit and show cause
order shall be served in the first instance pursuant to Rule 104
of the Maryland Rules of Procedure or Rule No. 104 of the
Maryland District Rules, and thereafter, the summons having been
returned non est the director of finance of Baltimore City,
county treasurer, municipal treasurer, or attorney general may
proceed pursuant to Rule 105 b, subsection 2 and subsection 3 of
the Maryland Rules of Procedure as amended, or Rule No. 104 h of
the Maryland District Rules.
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