HARRY HUGHES, Governor                                        2869

proceeding, to be discharged by the payment of the appraised
value of the vehicle so seized and forfeited and costs, upon
which judgment execution may issue.]

[(n) Subject to the provisions permitting posting of a
bond, the court shall retain custody of the motor vehicle pending
prosecution of the person accused and in case such person be
found guilty, the motor vehicle shall remain in the custody of
the court until the hearing on the forfeiture is held. The
hearing shall be scheduled no more than 30 days after conviction
of the defendant, and reasonable notice shall be given to those
parties filing an answer to the petition.]

[(o) If no timely answer is filed, the court shall hear
evidence upon the motor vehicle's use in violation of this
subtitle and shall upon satisfactory proof thereof, order the
motor vehicle forfeited to the State.]

[(p) At the scheduled hearing, any owner who filed a timely
answer may show by competent evidence that the motor vehicle was
not in fact used in violation of this subtitle or that he neither
knew nor should have known that the motor vehicle was being, or
was to be so used. Upon the determination that the motor vehicle
was not so used, the court shall order that the motor vehicle be
released to the owner.]

[(g) If after a full hearing the court decides that the
vehicle was used in violation of this subtitle or that the owner
knew or should have known that the motor vehicle was being, , or
was to be so used, the court shall order that the motor vehicle
be forfeited to the State.]

[(r) 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.]

[(s) If the person accused fails to appear for trial and
the State's attorney determines that the person is a fugitive
from justice for a period of one year, the State's attorney may
apply for forfeiture of the vehicle by giving the notice required
by subsection (k).]

[(t) If a vehicle is ordered to be sold under the
provisions of this section, the sale shall be at public auction
at some place which is open, convenient, and accessible to the
public, at any time between 10 o'clock a.m. and 6 o'clock p.m.
on any weekday, provided the time, place and terms of the sale,
together with a detailed description of the vehicle or part
thereof, is inserted in one or more newspapers of general
circulation in the city or county where the sale is to take
place, at least once each week for two successive weeks prior to
the sale.]