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Statutes Text

Article - Criminal Procedure




§12–602.

    (a)    On an annual basis, each seizing authority in consultation with the corresponding forfeiting authority shall report how any funds appropriated to the authority as a result of forfeiture were spent in the preceding fiscal year and the following information about each individual seizure and forfeiture completed by the agency under this title:

        (1)    the date that currency, vehicles, houses, or other types of property were seized;

        (2)    the type of property seized, including year, make, and model, as applicable;

        (3)    the outcome of related criminal action, including whether charges were brought, a plea bargain was reached, a conviction was obtained, or an acquittal was issued;

        (4)    whether a unit of federal government took custody of the seized property, and the name of the unit;

        (5)    for property other than money, the market value of the property seized;

        (6)    if money was seized, the amount of money;

        (7)    the amount the seizing authority received in the prior year from the federal government as part of an equitable sharing agreement;

        (8)    the race and gender of the person or persons from whom the property was seized, if known; and

        (9)    whether the property was returned to the owner.

    (b)    MSAC may require a seizing authority to provide relevant information not specified in subsection (a) of this section.

    (c)    (1)    Each seizing authority shall file with MSAC the report required under subsection (a) of this section for the seizing authority and the corresponding forfeiting authority.

        (2)    A null report shall be filed by a seizing authority that did not engage in seizures or forfeitures under this title during the reporting period.

    (d)    (1)    MSAC shall develop a standard form, a process, and deadlines for electronic data entry for annual submission of forfeiture data by seizing authorities.

        (2)    MSAC shall compile the submissions and issue an aggregate report of all forfeitures under this title in the State.

    (e)    (1)    By March 1 of each year, MSAC shall make available on its website the reports submitted by seizing authorities and the aggregate report of MSAC.

        (2)    GOCCP shall submit the aggregate report to the Governor, the General Assembly, as provided in § 2–1257 of the State Government Article, and each seizing authority before September 1 of each year.

    (f)    (1)    GOCCP shall include in the aggregate report the total amount from forfeitures deposited in the General Fund of the State under § 12–405 of this title that were appropriated to the Maryland Department of Health for the purpose of funding drug treatment and education programs and how the funds were spent.

        (2)    GOCCP may include, with the aggregate report of MSAC, recommendations to the legislature to improve forfeiture statutes to better ensure that forfeiture proceedings are reported and handled in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, and taxpayers.

    (g)    (1)    If a seizing authority fails to comply with the reporting provisions of this section:

            (i)    GOCCP shall report the noncompliance to the Police Training and Standards Commission; and

            (ii)    the Police Training and Standards Commission shall contact the seizing authority and request that the agency comply with the required reporting provisions.

        (2)    If the seizing authority fails to comply with the required reporting provisions within 30 days after being contacted by the Police Training and Standards Commission, GOCCP and the Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.

    (h)    (1)    MSAC may recoup its costs by charging a fee to each seizing authority that engages in seizures or forfeitures during the reporting period.

        (2)    A seizing authority may use forfeiture proceeds to pay the cost of compiling and reporting data under this subtitle, including any fee imposed by MSAC.