§ 13-525. Presumption that property subject to forfeiture.

   (a) In general. --

   (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 was convicted of violating § 11-303 of the Criminal Law Article or attempting or conspiring to violate § 11-303 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) Exceptions. -- 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)(i) of this section; or

   (2) § 13-503(d) of this subtitle applies.

HISTORY: 2013, ch. 636.