PART B

Sec. B-1. 13 MRSA §1267, as enacted by PL 1995, c. 474, §1, is amended to read:

§1267. Penalties

Any A person who is subject to criminal prosecution under Title 17-A, chapter 15 if the person violates section 1264 or 1265 commits theft according to the classifications set forth in Title 17-A, section 362. Any A person who violates section 1266 commits a civil violation and is subject to for which a fine of not less than $100 and not more than $500 may be adjudged.

Sec. B-2. 15 MRSA §5821, sub-§7, as amended by PL 1999, c. 349, §1, is further amended to read:

7. Real property. Except as provided in paragraph A, all real property, including any right, title or interest in the whole of any lot or tract of land and any appurtenances or improvements, which that is used or intended for use, in any manner or part, to commit or to facilitate the commission of a violation of Title 17-A, section 1103 or 1105, 1105-A, 1105-B or 1105-C, which is a Class A, Class B or Class C crime, with the exception of offenses involving marijuana.

A. Property may not be forfeited under this subsection, to the extent of an interest of an owner, by reason of an act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. When an owner of property that is that person's primary residence proves by a preponderance of the evidence that the owner is the spouse or minor child of the coowner of the primary residence who has used or intended to use the residence, in any manner or part, to commit or facilitate the commission of a violation of Title 17-A, section 1103 or 1105, 1105-A, 1105-B or 1105-C, the State shall bear the burden of proving knowledge or consent of the spouse or minor child by a preponderance of the evidence;

Sec. B-3. 17-A MRSA §1105-A, sub-§1, ¶¶I and J, as amended by PL 2003, c. 1, §7 and c. 476, §1, are repealed and the following enacted in their place: