HARRY HUGHES, Governor

2531

297.

(d) Except as provided under subsection [(r)] (J) of this
section, whenever property is forfeited under this subheading,
the political subdivision in which such property was seized, or,
if the property was seized by State authorities, the State may:

(1)  Retain the property for official use (except,
whenever coin, currency, or property is seized by the Baltimore
City police, and forfeited under this subheading, it shall be
surrendered to the City of Baltimore for disposition according to
this section);

(2)  Sell any forfeited property which is not required
to be destroyed by law and which is not harmful to the public,
provided that the proceeds be disposed of for payment of all
proper expenses of the proceedings for forfeiture and sale
including expenses of seizure, maintenance of custody,
advertising and court costs;

(3)  Require an appropriate agency to take custody of
the property and remove it for disposition in accordance with
law, or destruction.

(j) (1) If, after a full hearing, the court determines that
the motor vehicle should not be forfeited, the court shall order
that the motor vehicle be released.

(2) (i) If the court determines that the motor
vehicle should be forfeited, the court shall order that the motor
vehicle be forfeited to the State.

(ii) If, however, the court determines that the
forfeited motor vehicle is 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
released within 5 days to the secured party of record.

(iii) The secured party shall sell the motor
vehicle in a commercially reasonable manner.

(iv) The proceeds of the sale shall be applied
as follows:

1.  To the court costs of the forfeiture
proceeding;

2.  To the balance due the secured party
including all reasonable costs incident to the sale;

3.  To payment of all other expenses of
the proceedings for forfeiture, including expenses of seizure, or
maintenance of custody; and