Sec. 1. 15 MRSA §5826, sub-§§2, 4 and 6, as enacted by PL 1995, c. 421, §1, are amended to read:

2. Commencement of criminal forfeiture action. Property subject to forfeiture that is not yet the subject of a final order pursuant to section 5822, subsection 4 may be proceeded against by indictment or superseding indictment of the grand jury or by complaint in the District Court in any related criminal proceeding in which one or more persons a person with an interest in the property have has been simultaneously indicted for one or more violations charged with a violation of Title 17-A, chapter 45. At any time prior to trial, the State, with the consent of the court and any defendant with an interest in the property, may file an ancillary charging instrument or information alleging that property is subject to criminal forfeiture. Upon commencement of a criminal forfeiture by indictment or information of any property that may be the subject of any pending civil action commenced pursuant to section 5822, the civil action must be immediately stayed and subrogated to the criminal forfeiture action. Discovery in the criminal action must be as provided for by the Maine Rules of Criminal Procedure.

4. Trial proceedings. Trial against property charged by indictment or, information or complaint may be by jury and must be held in a single proceeding together with the trial of the related criminal violation. Forfeiture of the property must be proved by the State by a preponderance of the evidence. The court, in its discretion, may allow any defendant with an interest in property indicted pursuant to this section to waive the right to trial by jury as against the property while preserving the right to trial by jury of any crime alleged. At trial by jury, the court, upon motion of a defendant or the State, may separate the trial of the matter against the defendant from the trial of the matter against the property subject to criminal forfeiture. If the court bifurcates the jury trial, the court shall first instruct and submit to the jury the issue of the guilt or innocence of defendants to be determined by proof beyond a reasonable doubt and shall restrict argument of counsel to those issues. After a verdict upon the guilt or innocence of all defendants, the court shall instruct and submit to the jury the issue of the forfeiture of the property to be determined by proof by a preponderance of the evidence and the court shall restrict argument to those issues. A special verdict must be returned as to the extent of the interest or property subject to forfeiture, if any.

A.__Forfeiture of the property must be proved by the State by a preponderance of the evidence.