Section 12-103 - Conditions excluding property from forfeiture.
§ 12-103. Conditions excluding property from forfeiture.
(a) No knowledge of violation.- Property or an interest in property described in § 12-102(a)(4), (10), and (11) of this subtitle may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the Controlled Dangerous Substances law was committed without the owner's actual knowledge.
(b) No consent or privity to violation.-
(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.
(c) No forfeiture of real property for drug or drug paraphernalia violation.- 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.
(d) Principal family residence - In general.-
(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.
(e) Principal family residence - Use by spouses.- 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.
[An. Code 1957, art. 27, § 297(b)(4), (c), (l)(1), (2), (m)(1)(ii), (2), (n)(2); 2001, ch. 10, § 2; 2002, ch. 213, § 6; 2008, ch. 36, § 6.]