§ 13-501. Violations of the Human Trafficking Law.

   (a) Definitions. -- In this subtitle the following words have the meanings indicated.

(b) Chief executive officer. -- "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;

   (4) for a commission county, the county commissioners; or

   (5) for a municipal corporation, the legislative body established by municipal charter.

(c) Convicted. -- "Convicted" means found guilty.

(d) Final disposition. -- "Final disposition" means dismissal, entry of a nolle prosequi, marking of a criminal charge "stet" on the docket, entry of a not guilty verdict, pronouncement of sentence, or imposition of probation under § 6-220 of this article.

(e) Forfeiting authority. -- "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.

(f) Governing body. -- "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 Baltimore Police Department.

(g) Human trafficking law. -- "Human trafficking law" means § 3-324, § 11-207, § 11-303, § 11-304, and § 11-305 of the Criminal Law Article.

(h) Lien. -- "Lien" includes a mortgage, a deed of trust, a pledge, a security interest, an encumbrance, and a right of setoff.

(i) Lienholder. -- "Lienholder" means a person who has a lien or a secured interest on property created before the seizure.

(j) Local financial authority. -- "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 the municipal corporation.

(k) Owner. --

   (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. -- "Proceeds" means profits derived from a violation of the human trafficking law or property obtained directly or indirectly from those profits.

(m) Property. --

   (1) "Property" includes:

      (i) real property and anything growing on or attached to real property;

      (ii) motor vehicles; and

      (iii) 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 violation of the human trafficking 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 violation of the human trafficking law or that the property was the proceeds of a violation of the human trafficking law.

(n) Real property. --

   (1) "Real property" means land or an improvement to land.

   (2) "Real property" includes:

      (i) a leasehold or any other limited interest in property;

      (ii) an easement; and

      (iii) a reversionary interest in a 99-year ground lease renewable forever.

(o) Seizing authority. -- "Seizing authority" means a law enforcement unit in the State that is authorized to investigate violations of the human trafficking law and that has seized property under this subtitle.

HISTORY: 2013, ch. 636.