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Ch. 451
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Martin O'Malley, Governor
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(B) (1) THIS SECTION DOES NOT APPLY TO PERSONAL PROPERTY
PURCHASED OR OTHERWISE ACQUIRED FOR USE BY A LOCAL LAW
ENFORCEMENT AGENCY OR TO CONTRABAND.
(2) THIS SECTION DOES NOT APPLY TO PERSONAL PROPERTY
RETAINED BY A LOCAL LAW ENFORCEMENT AGENCY 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.
(C) (1) THE EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE LOCAL LAW ENFORCEMENT AGENCY SHALL HOLD PERSONAL
PROPERTY THAT COMES INTO THE POSSESSION OF THE LOCAL LAW
ENFORCEMENT AGENCY UNTIL THE LOCAL LAW ENFORCEMENT AGENCY
DETERMINES THAT:
(1) (I) THE PROPERTY IS NO LONGER NEEDED IN CONNECTION
WITH A PROSECUTION; OR
(2) (II) IF THE PROPERTY IS NOT CONNECTED TO A PROSECUTION,
RETENTION OF THE PROPERTY IS NO LONGER RELEVANT TO THE LOCAL LAW
ENFORCEMENT AGENCY.
(2) PERSONAL PROPERTY THAT IS USED AS EVIDENCE IN A
CRIMINAL PROSECUTION SHALL BE RETAINED BY A LOCAL LAW ENFORCEMENT
AGENCY IN THE SAME MANNER AS OTHER EVIDENCE RETAINED BY THE AGENCY.
(D) (1) AFTER A LOCAL LAW ENFORCEMENT AGENCY DETERMINES
THAT PERSONAL PROPERTY IS NO LONGER NEEDED IN CONNECTION WITH A
PROSECUTION OR RETENTION OF THE PROPERTY IS NO LONGER RELEVANT TO
THE LOCAL LAW ENFORCEMENT AGENCY, THE LOCAL LAW ENFORCEMENT
AGENCY SHALL NOTIFY THE OWNER OF THE PROPERTY THAT THE LOCAL LAW
ENFORCEMENT AGENCY IS IN POSSESSION OF THE PROPERTY.
(2) AFTER NOTIFICATION, THE OWNER OF THE PROPERTY HAS UP
TO 30 DAYS TO SECURE THE IMMEDIATE RELEASE OF THE PROPERTY TO THE
OWNER OR THE OWNER'S DESIGNEE WITH PROPER IDENTIFICATION.
(E) (1) AT ANY TIME AFTER PERSONAL PROPERTY HAS BEEN IN THE
POSSESSION OF A LOCAL LAW ENFORCEMENT AGENCY FOR 3 MONTHS AND THE
LOCAL LAW ENFORCEMENT AGENCY DETERMINES THAT THE PROPERTY IS NO
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- 2689 -
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