1. (a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that:

   1. (1) the motor vehicle falls within the purview of § 12-205 of this subtitle; or
   2. (2) the standards listed under § 12-204(b) of this subtitle were not met.

2. (b) In a proceeding under this title, the court may determine, based on the standards listed in § 12-204(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous:

   1. (1) in recommending the forfeiture of a motor vehicle; or
   2. (2) in not surrendering on request a motor vehicle to an owner.

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.

Formerly Art. 27, § 297.