{"data":{"id":"us-md/md.-code-criminal-procedure-12-101","jurisdiction":"us-md","citation":"Md. Code, Criminal Procedure § 12–101","heading":"","body":"(a) In this title the following words have the meanings indicated.\n(b) “Chief executive officer” means:\n(1) for Baltimore City, the Mayor;\n(2) for a charter county, the county executive or, if there is no county executive, the county council;\n(3) for a code county, the county commissioners or county council;\n(4) for a county commissioner county, the county commissioners; or\n(5) for a municipal corporation, the legislative body established by municipal charter.\n(c) “Controlled Dangerous Substances law” means Title 5 of the Criminal Law Article.\n(d) “Convicted” means found guilty.\n(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.\n(f) “Forfeiting authority” means:\n(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\n(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.\n(g) “Governing body” includes:\n(1) the State, if the seizing authority is a unit of the State;\n(2) a county, if the seizing authority is a unit of a county;\n(3) a municipal corporation, if the seizing authority is a unit of a municipality; and\n(4) Baltimore City, if the seizing authority is the Police Department of Baltimore City.\n(h) “Lien” includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff.\n(i) “Lienholder” means a person who has a lien or a secured interest on property created before the seizure.\n(j) “Local financial authority” means:\n(1) if the seizing authority is a unit of a county, the treasurer or director of finance of the county; or\n(2) if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of that municipal corporation.\n(k) (1) “Owner” means a person having a legal, equitable, or possessory interest in property.\n(2) “Owner” includes:\n(i) a co-owner;\n(ii) a life tenant;\n(iii) a remainderman to a life tenancy in real property;\n(iv) a holder of an inchoate interest in real property; and\n(v) a bona fide purchaser for value.\n(l) “Proceeds” includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.\n(m) (1) “Property” includes:\n(i) real property and anything growing on or attached to real property;\n(ii) tangible and intangible personal property, including:\n1. securities;\n2. negotiable and nonnegotiable instruments;\n3. vehicles and conveyances of any type;\n4. privileges;\n5. interests;\n6. claims; and\n7. rights;\n(iii) an item, object, tool, substance, device, or weapon used in connection with a crime under the Controlled Dangerous Substances law; and\n(iv) money.\n(2) “Property” does not include:\n(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\n(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(n) (1) “Real property” means land or an improvement to land.\n(2) “Real property” includes:\n(i) a leasehold or other limited interest in real property;\n(ii) an easement; and\n(iii) a reversionary interest in a 99-year ground lease renewable forever.\n(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.","path":["Article - Criminal Procedure"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp\u0026section=12-101","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:17Z","sha256":"98d34b8ad8e39b73591f6d9ce81f512ee4d1ca695215f19eaa7dae6f51862eef","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-procedure-11-1105","next":"us-md/md.-code-criminal-procedure-12-102"},"notice":"GroundRules: Original legal text. Not legal advice."}