2864

LAWS OF MARYLAND

Ch. 549

(h) The State's attorney for the county of Baltimore City
where the seizure is made shall notify the owner of the motor
vehicle WITHIN 15 DAYS by certified mail of the seizure and of
the determination by the State's attorney of whether the owner
knew or should have known that the motor vehicle was being, or
was to be, used in violation of this subtitle.

(L-1) THE HEARING ON THE FORFEITURE OF THE MOTOR VEHICLE
SHALL BE SCHEDULED NO MORE THAN 60 DAYS AFTER ANY CRIMINAL
CONVICTION OF THE DEFENDANT.

(r)(1) If the court shall determine that the forfeited
motor vehicle be subject to a bona fide recorded security
interest created without the knowledge that the motor vehicle was
being, or was to be, used in violation of this subtitle, the
court shall order that the motor vehicle be [sold by the State]
RELEASED TO THE SECURED PARTY, IF THE SECURED PARTY SIGNS A

STATEMENT AGREEING NOT TO SELL THE MOTOR VEHICLE TO THE

DEFENDANT, OR AN AGENT OF THE DEFENDANT.

(2) IF A VEHICLE IS RELEASED TO A SECURED PARTY UNDER
THIS SUBSECTION, THE DEFENDANT MAY BE FINED FOR PAYMENT OF ALL
PROPER EXPENSES OF THE PROCEEDINGS FOR FORFEITURE, INCLUDING
EXPENSES OF SEIZURE, MAINTENANCE OF CUSTODY, ADVERTISING AND
COURT COSTS.

(u) The proceeds of sale shall be applied first to payment
of all proper expenses of the proceedings for forfeiture and sale

including expenses of seizure, maintenance of custody,

advertising and court costs; secondly, to payment of the balance
due on [a] ANY lien [(if any)] THAT IS NOT A BONA FIDE RECORDED

SECURITY INTEREST. The balance (if any) shall be deposited in

the general funds of the State.

(f) (3) Forfeiture of the motor vehicle used in violation
of this subtitle shall be recommended to the State's attorney
only after the chief law-enforcement officer of the police
department, bureau, or force [which] THAT seized the motor
vehicle HAS DETERMINED FROM THE RECORDS OF THE MOTOR VEHICLE
ADMINISTRATION THE NAMES AND ADDRESSES OF ALL REGISTERED OWNERS
AND SECURED PARTIES AS DEFINED IN THE CODE, has personally
reviewed the facts and circumstances of the seizure and has
personally determined, according to the above guidelines, that
forfeiture is warranted and so represents in writing to the
appropriate State's attorney.

[(g) Upon the seizure of a motor vehicle and the
recommendation for forfeiture, the State's attorney for the
county or City of Baltimore where the seizure is made shall
notify the Motor Vehicle Administrator by certified mail of the
seizure and of the motor or vehicle identification number of the
motor vehicle seized. The Administrator shall promptly certify
to the State's attorney the name and address of the owner. The
term "owner" in this subtitle includes a secured party as well as