§ 12-312. Forfeiture of ownership interest in property

   (a) Rebuttable presumption that property is subject to forfeiture. --

   (1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that:

      (i) the person has violated § 5-602 through 5-609, § 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or has attempted or conspired to violate Title 5 of the Criminal Law Article;

      (ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and

      (iii) there was no other likely source for the property.

   (2) A claimant of the property has the burden of proof to rebut the presumption in paragraph (1) of this subsection.

(b) Exception -- Property used as principal family residence. -- Real property used as the principal family residence may not be forfeited under this section unless:

   (1) an owner of the real property was convicted of a crime described under subsection (a)(1) of this section; or

   (2) the real property is covered by § 12-103(d)(2) of this title.

HISTORY: An. Code 1957, art. 27, § 297(l); 2001, ch. 10, § 2; 2002, ch. 213, § 6.