Section 12-304 - Deadlines for filing complaint seeking forfeiture.
§ 12-304. Deadlines for filing complaint seeking forfeiture.
(a) In general.- Except as provided under subsections (b) and (c) of this section, a complaint seeking forfeiture shall be filed within the earlier of:
(1) 90 days after the seizure; or
(2) 1 year after the final disposition of the criminal charge for the violation giving rise to the forfeiture.
(b) Forfeiture of motor vehicle.- A complaint for the forfeiture of a motor vehicle shall be filed within 45 days after the motor vehicle is seized.
(c) Proceedings about money.-
(1) A proceeding about money shall be filed within 90 days after the final disposition of criminal proceedings that arise out of the Controlled Dangerous Substances law.
(2) If the State or a political subdivision does not file proceedings about money within the 90-day period, the money seized under this title shall be returned to the owner on request by the owner.
(3) If the owner fails to ask the return of the money within 1 year after the final disposition of criminal proceedings, as provided under § 12-403 of this title, the money shall revert to:
(i) the political subdivision in which the money was seized; or
(ii) the State, if the money was seized by State authorities.
[An. Code 1957, art. 27, § 297(d)(2)(i), (ii), (3), (h)(2)(i); 2001, ch. 10, § 2.]