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Martin O'Malley, Governor
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Ch. 210
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lienholders; and generally relating to the disposal of property by the
Department of State Police.
BY repealing and reenacting, with amendments,
Article — Public Safety
Section 2-311
Annotated Code of Maryland
(2003 Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Public Safety
2-311.
(a) (1) This section does not apply to personal property purchased or
otherwise acquired for use by the Department or to contraband.
(2) THIS SECTION DOES NOT APPLY TO PERSONAL PROPERTY
RETAINED BY THE DEPARTMENT FOR USE AS EVIDENCE IN A CRIMINAL
PROSECUTION.
(3) THIS SECTION DOES NOT SUPERSEDE THE PROVISIONS FOR
SEIZURE AND FORFEITURE CONTAINED IN TITLES 12 AND 13 OF THE CRIMINAL
PROCEDURE ARTICLE.
(b) The (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE Department shall hold personal property that comes into the
possession of the Department until the Department determines that the property is no
longer needed in connection with a prosecution.
(2) PERSONAL PROPERTY THAT IS USED AS EVIDENCE IN A
CRIMINAL PROSECUTION SHALL BE RETAINED BY THE DEPARTMENT IN THE
SAME MANNER AS OTHER EVIDENCE RETAINED BY THE DEPARTMENT.
(c) After the Department determines that personal property is no longer
needed in connection with a prosecution, the Department shall deliver the property to
the person who satisfactorily establishes the right to possession of the property and
gives a proper receipt for the property.
(d) (1) At any time after personal property has been in the possession of
the Department for [6] 3 months and the Department determines that the property is
no longer needed in connection with a prosecution, the Department shall:
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- 1511-
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