(a) The chief law enforcement officer of the seizing authority that seizes a motor
vehicle used in violation of this title shall recommend to the appropriate forfeiting
authority in writing that the motor vehicle be forfeited only if the officer:
(1) determines from the records of the Motor Vehicle Administration the names and
addresses of all registered owners and secured parties as defined in the Code;
(2) personally reviews the facts and circumstances of the seizure; and
(3) personally determines, according to the standards listed in § 12-204(b) of this subtitle, and represents in writing that forfeiture is warranted.
(b)(1) A sworn affidavit by the chief law enforcement officer that the officer followed
the requirements of this paragraph is admissible in evidence in a proceeding under
(2) The chief law enforcement officer may not be subpoenaed or compelled to appear
and testify if another law enforcement officer with personal knowledge of the facts
and circumstances surrounding the seizure and the recommendation of forfeiture appears
and testifies at the proceeding.
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