(a) In this title the following words have the meanings indicated. (b) "Chief executive officer" means: (1) for Baltimore City, the Mayor; (2) for a charter county, the county executive or, if there is no county executive, the county council; (3) for a code county, the county commissioners or county council; (4) for a county commissioner county, the county commissioners; or (5) for a municipal corporation, the legislative body established by municipal charter. (c) "Controlled Dangerous Substances law" means Title 5 of the Criminal Law Article. (d) "Convicted" means found guilty. (e) "Final disposition" means a dismissal, entry of a nolle prosequi, the marking of a criminal charge "stet" on the docket, entry of a not guilty verdict, the pronouncement of sentence, or imposition of probation under § 6-220 of this article. (f) "Forfeiting authority" means: (1) the unit or person designated by agreement between the State's Attorney for a county and the chief executive officer of the governing body having jurisdiction over assets subject to forfeiture to act on behalf of the governing body regarding those assets; or (2) if the seizing authority is a unit of the State, a unit or person that the Attorney General or the Attorney General's designee designates by agreement with a State's Attorney, county attorney, or municipal attorney to act on behalf of the State regarding assets subject to forfeiture by the State. (g) "Governing body" includes: (1) the State, if the seizing authority is a unit of the State; (2) a county, if the seizing authority is a unit of a county; (3) a municipal corporation, if the seizing authority is a unit of a municipality; and (4) Baltimore City, if the seizing authority is the Police Department of Baltimore City. (h) "Lien" includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff. (i) "Lienholder" means a person who has a lien or a secured interest on property created before the seizure. (j) "Local financial authority" means: (1) if the seizing authority is a unit of a county, the treasurer or director of finance of the county; or (2) if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of that municipal corporation. (k) (1) "Owner" means a person having a legal, equitable, or possessory interest in property. (2) "Owner" includes: (i) a co-owner; (ii) a life tenant; (iii) a remainderman to a life tenancy in real property; (iv) a holder of an inchoate interest in real property; and (v) a bona fide purchaser for value. (l) "Proceeds" includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law. (m) (1) "Property" includes: (i) real property and anything growing on or attached to real property; (ii) tangible and intangible personal property, including: 1. securities; 2. negotiable and nonnegotiable instruments; 3. vehicles and conveyances of any type; 4. privileges; 5. interests; 6. claims; and 7. rights; (iii) an item, object, tool, substance, device, or weapon used in connection with a crime under the Controlled Dangerous Substances law; and (iv) money. (2) "Property" does not include: (i) an item unlawfully in the possession of a person other than the owner when used in connection with a crime under the Controlled Dangerous Substances law; or (ii) a lessor's interest in property subject to a bona fide lease, unless the forfeiting authority can show that the lessor participated in a crime under the Controlled Dangerous Substances law or that the property was the proceeds of a crime under the Controlled Dangerous Substances law. (n) (1) "Real property" means land or an improvement to land. (2) "Real property" includes: (i) a leasehold or other limited interest in real property; (ii) an easement; and (iii) a reversionary interest in a 99-year ground lease renewable forever. (o) "Seizing authority" means a law enforcement unit in the State that is authorized to investigate violations of the Controlled Dangerous Substances law and that has seized property under this title.
‹ Prev All Maryland sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.