WILLIAM DONALD SCHAEFER, Governor

(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 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) If the State's Attorney determines independent of the
decision of the police department, bureau, or force that seized
the motor vehicle that the motor vehicle falls within the purview
of subsection (f)(2)(i), (ii) or (iii) or that the standards to
be utilized pursuant to subsection (f)(1) were not met, the
State's Attorney shall surrender the vehicle upon request to the
owner.

(h) (1) If the State's Attorney determines after the
recommendation of the chief law enforcement officer of the police
department, bureau, or force that seized the motor vehicle that
the motor vehicle should be forfeited to the State, the State's
Attorney, within 45 days after the seizure of the motor vehicle,
shall:

(i) Petition in the circuit court of the
appropriate subdivision in the name of the State of Maryland
against the motor vehicle as designated by make, model, year, and
motor or serial number; and

(ii) At the same time send copies of the
petition by registered or certified mail to each registered owner
and any secured party noted among the records of the Motor
Vehicle Administration.

(2) The petition for forfeiture shall contain:

(i) The names of the registered owners of the
motor vehicle;

(ii) The name of any secured party whose
interest appears among the records of the Motor Vehicle
Administration;

(iii) A statement of the facts and
circumstances surrounding the seizure of the motor vehicle;

(iv) A statement setting forth the specific
causes or grounds for forfeiture or both;

(v) A statement setting forth any contention
that any registered owner or secured party knew or should have

- 5365 -