Md. Code, Crim. Proc. § 12-101

Current with changes from the 2024 Legislative Session
Section 12-101 - Definitions
(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.

Md. Code, CP § 12-101