Section 7-105.1 - Owner's affidavit. - Maryland Statutes

§ 7-105.1. Owner's affidavit.
 

(a)  In general.- Subject to subsection (c) of this section, in a criminal case or juvenile proceeding involving theft of a motor vehicle under § 7-104 or § 7-105 of this subtitle, an affidavit sworn to in open court by the lawful owner of the motor vehicle may be introduced thereafter as substantive evidence that the motor vehicle was taken from the lawful owner and operated, used, or possessed without the lawful owner's authorization. 

(b)  Requirements.- The affidavit shall: 

(1) be given under oath subject to the penalty of perjury; and 

(2) be attached to a copy of the certificate of title of the motor vehicle. 

(c)  Notice of use of affidavit in evidence; witness.-  

(1) At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under this section, the State shall provide written notice to the defendant that the State intends to: 

(i) rely on the affidavit; and 

(ii) introduce the affidavit into evidence at the proceeding. 

(2) On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness. 
 

[2005, ch. 338.]