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§ 12-103. Conditions excluding property from forfeiture

West's Annotated Code of MarylandCriminal ProcedureEffective: February 20, 2016

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 12. Forfeiture--Controlled Dangerous Substances Violations (Refs & Annos)
Subtitle 1. Definitions; Property Subject to Forfeiture (Refs & Annos)
Effective: February 20, 2016
MD Code, Criminal Procedure, § 12-103
§ 12-103. Conditions excluding property from forfeiture
Currentness
Violation of Controlled Dangerous Substances law without owner’s knowledge
(a) Property or an interest in property described in § 12-102(a)(4), (11), and (12) of this subtitle may not be forfeited unless the State establishes by a preponderance of the evidence that the violation of the Controlled Dangerous Substances law was committed with the owner's actual knowledge.
Common carriers or vehicles for hire
(b)(1) A conveyance used as a common carrier or vehicle for hire in the transaction of business as a common carrier or vehicle for hire may not be seized or forfeited under this title unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of the Controlled Dangerous Substances law.
(2) A conveyance may not be forfeited under this title for an act or omission that the owner shows was committed or omitted by a person other than the owner while the person other than the owner possessed the conveyance in criminal violation of federal law or the law of any state.
Owner’s interest in real property
(c) An owner's interest in real property may not be forfeited for a violation of § 5-601, § 5-619, or § 5-620 of the Criminal Law Article.
Real property used as principal family residence with owner convicted of criminal law violation
(d)(1) Except as provided in paragraph (2) of this subsection, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.
(2) Without a conviction, a court may order a forfeiture of real property used as the principal family residence if the owner of the family residence:
(i) fails to appear for a required court appearance; and
(ii) fails to surrender to the jurisdiction of the court within 180 days after the required court appearance.
Real property used as principal family residence with husband and wife convicted of criminal law violations
(e) Real property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:
(1) the property was used in connection with a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or with an attempt or conspiracy to violate Title 5 of the Criminal Law Article; and
(2) both the husband and wife are convicted of a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2016, c. 5, § 1, eff. Feb. 20, 2016.
Formerly Art. 27, § 297.
MD Code, Criminal Procedure, § 12-103, MD CRIM PROC § 12-103
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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