HARRY HUGHES, Governor

35

264.

(c) (1) If the trial or other ultimate disposition of such
charge or charges, indictment or indictments, results in a record
of conviction being entered against the person or persons so
arrested, in connection with which the money, currency, or cash
may have been so seized or captured, the State Treasurer, the
county treasurer of the county or director of finance in
Baltimore City, or the municipal treasurer or director of finance
of the municipality, shall within 90 days from the date of the
record of the entry of such conviction, unless the case is
appealed to an appellate court, make application to the District
Court or circuit court of the county, for an order declaring and
ordering that such money, currency or cash in the custody of the
State Treasurer, director of finance, or county or municipal
treasurer shall be forfeited to the sole use and gain of the
State, county or city. The court to which any such application
has been directed shall establish to its satisfaction that there
is no pending and undetermined suit or proceeding which has been
filed in any court of competent jurisdiction, against the
director of finance or treasurer OR THE MUNICIPAL TREASURER OR
DIRECTOR OF FINANCE OF THE MUNICIPALITY, seeking a return or
recovery of the money, currency or cash so held in custody,
before the court shall proceed so to order a forfeiture of such
money, currency or cash to the State, county or Baltimore City.

DRAFTER'S NOTE: This adds a phrase previously amended
throughout Article 27, § 264, but omitted by error
from the 16th line in § 264(c)(1).

The phrase was added in Ch. 617 of the Acts of the
Regular Session of the General Assembly of 1985.

The omission was noted by the State Attorney General
in his bill review letter of May 1, 1985.

(2) All applications for the forfeiture of contraband
shall be by petition and a copy of the petition 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 State Treasurer, director of finance of
Baltimore City or county treasurer, or municipal treasurer or
director of finance of the municipality may proceed pursuant to
Rule 105b, subsection 2 and subsection 3 of the Maryland Rules of
Procedure as amended, or Rule No. 104h of the Maryland District
Rules].

DRAFTER'S NOTE: This corrects outdated cross-references to
various Maryland Rules of Procedure and Maryland
District Rules in Article 27, § 264(c)(2) by
substituting a stylistically preferred broad
cross-reference to the Maryland Rules of Procedure and
Maryland District Rules, generally.