Ch. 620                                    1995 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

297.

(i) In exercising the authority to seize motor vehicles pursuant to this section the
following standards shall be utilized:

(1) A motor vehicle used in violation of this section shall be seized and
forfeiture recommended to the forfeiting authority when:

(i) Controlled dangerous substances in any quantity are sold or
attempted to be sold in violation of this subtitle;

(ii) Although the violator has not sold or attempted to sell controlled
dangerous substances in violation of this subtitle, an amount of such substances or
paraphernalia is located which would reasonably indicate that sale is contemplated by the
violator; or

(iii) The total circumstances of the case dictate that seizure and
forfeiture is justified; these circumstances would include such factors as the following:

1.       The possession of controlled dangerous substances;

2.       An extensive criminal record of the violator;

3.       A previous conviction of the violator for a controlled
dangerous substances violation;

4.       Corroborated information is developed indicating that the
violator is or was recently a seller, or frequently associates with individuals known to be
distributors of illegal controlled dangerous substances or paraphernalia;

5.       Circumstances of the arrest; or

6.       The manner in which the vehicle was being used.

(3) (I) Forfeiture of the motor vehicle used in violation of this subtitle
shall be recommended to the forfeiting authority 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 forfeiting authority.

(II) IN A PROCEEDING UNDER THIS SECTION FOR FORFEITURE OF
A MOTOR VEHICLE:

1. A SWORN AFFIDAVIT BY THE CHIEF LAW ENFORCEMENT
OFFICER THAT THE CHIEF FOLLOWED THE REQUIREMENTS OF THIS PARAGRAPH IS
ADMISSIBLE IN EVIDENCE; AND

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