WILLIAM DONALD SCHAEFER, Governor

(6) (i) When all of the registered owners or secured
parties or both have answered or are in default, the case shall
be assigned for trial.

(ii) The court shall set the case for trial not
less than 30 nor more than 60 days thereafter.

(iii) If a party fails to file a timely answer
to the petition, the court may order forfeiture of the property
interest of that party in the vehicle without a hearing.]

[(i) If the owner of the seized motor vehicle desires to
obtain possession thereof before a petition for forfeiture is
failed or before the hearing on the petition failed against the
vehicle, the clerk of the court where the criminal proceeding or
the petition for forfeiture is filed shall have an appraisal made
by the sheriff of the county or city in which the court is
located. The sheriff shall promptly inspect and render an
appraisal of the value of the vehicle and return the appraisal,
in writing, under oath, to the clerk of the court in which the
proceedings are pending. Upon the filing of the appraisal, the
owner may give bond payable to the State of Maryland, in an
amount equal to the appraised value of the vehicle plus court
costs which may accrue, with security to be approved by the
clerk, and conditioned for performance on the final judgment of
the court. If after the hearing on the petition, the court
directs that the motor vehicle or such interest or equity as the
owner may have therein, be forfeited, judgment may thereupon be
entered against the obligors on the bond for the penalty thereof,
without further or other 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.
The bond authorized in this subsection shall be failed in the
District Court on circuit court where the criminal action that
gave rise to the seizure is pending and shall be part of that
same criminal proceeding, unless a petition for forfeiture has
been failed. However, if no criminal action is pending or if no
forfeiture petition has been filed, the bond shall be filed in
the circuit court or District Court where the vehicle was
seized.]

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

(2) (i) If the court determines that the [motor
vehicle] PROPERTY should be forfeited, the court shall order that
the [motor vehicle] PROPERTY be forfeited to the [State]
APPROPRIATE GOVERNING BODY.----

(ii) If, however, the court determines that the
forfeited [motor vehicle] PROPERTY is subject to a [bona fide

- 2395 -

Ch. 285