WILLIAM DONALD SCHAEFER, Governor                         Ch. 512

from the date of the record of the entry of conviction, unless the case is appealed, shall
apply to the District Court or circuit court of the county for an order declaring and
ordering that the property be forfeited to the sole use of the State or local government.

(2)     Before the court to which an application is directed shall proceed to
order a forfeiture of the property to the State or local government, the court shall
establish to its satisfaction that there is no pending and undetermined suit or proceeding
that has been filed in a court of competent jurisdiction against the State or the local
government seeking a return or recovery of the property held in custody.

(3)     All applications for the forfeiture of contraband shall be by petition.

(4)     A copy of the petition and show cause order shall be served in the first
instance in accordance with the Maryland Rules.

[(d)](E) (1) On disposition of a charge resulting in acquittal, dismissal, a stet, a
nolle prosequi, or probation under Article 27, § 641 of the Code, a vendor claiming that
the seized property is not contraband of law under subsection [(b)] (C) of this section
and should be returned to the vendor may apply, within 1 year after the date the
judgment or order was entered or the action was taken that constituted the disposition
and on giving 10 days' prior written notice to the State Treasurer or appropriate local
fiscal officer, to the appropriate court for a determination that the property is the
property of the claimant and for an order that it be returned.

(2)     In a proceeding on that application, an acquittal, dismissal, or nolle
prosequi with respect to any indictment involved in the seizure of the property is prima
facie evidence that the property is not contraband.

(3)     A conviction, plea of guilty or of nolo contendere, or probation under
the provisions of Article 27, § 641 of the Code is prima facie evidence that the property is
contraband.

(4)     No presumption in the proceeding shall attach to an entry of stet.

(5)     If a petition is not timely and properly filed, or if it is finally decided
against the claimant, the seized property shall be forfeited to the custodian without
further judicial action.

(6) Timely notice shall be given by certified mail or other appropriate means
to any known claimants, at their last known address, of the requirements of this section
for making claim for the return of the seized property or the seized property may not be
forfeited as provided in paragraph (5) of this subsection.

[(e)](F) The provisions of this section shall be enforced by any State or local law
enforcement officer.

17-20A-05.

A transient vendor who conducts business in the State without displaying a valid
transient vendor's license is guilty of a misdemeanor and upon conviction is subject to a
fine not to exceed [$2,500] $500 for each offense.

- 2437 -