2013 Maryland Code
CRIMINAL PROCEDURE
§ 13-301 - Forfeiture for violation of explosives laws


MD Crim Pro Code § 13-301 (2013) What's This?

§13-301.

(a) This section does not apply to a vehicle unless the owner authorized or allowed the vehicle to be used or employed in concealing, conveying, or transporting explosives during the course of a violation of Title 11, Subtitle 1 of the Public Safety Article.

(b) In addition to any other penalty provided for a violation of Title 11, Subtitle 1 of the Public Safety Article, if a person on whom a penalty is imposed under § 11-116 of the Public Safety Article uses or employs a motor vehicle, other vehicle, vessel, or aircraft in concealing, conveying, or transporting explosives during the course of a violation of Title 11, Subtitle 1 of the Public Safety Article, the court on conviction of the person shall order the motor vehicle, other vehicle, vessel, or aircraft to be forfeited to the State or a county, based on which jurisdiction initiated the investigation.

(c) If a court orders forfeiture under subsection (b) of this section, the interest transferred to the State or county is subordinate to the holder of a perfected security interest in the motor vehicle, other vehicle, vessel, or aircraft.

(d) (1) After discharging any perfected security interest in a forfeited motor vehicle, other vehicle, vessel, or aircraft, the Secretary of State Police or the local governing body of a county may:

(i) use the forfeited motor vehicle, other vehicle, vessel, or aircraft for public purposes; or

(ii) sell, exchange, or convey the forfeited motor vehicle, other vehicle, vessel, or aircraft.

(2) Any money received from the sale, exchange, or conveyance shall be deposited in the General Fund of the State or county.

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