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Session Laws, 1990 Session
Volume 436, Page 1284   View pdf image (33K)
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Ch. 386 LAWS OF MARYLAND

(i) Means a person who suffers personal injury, death, or property
loss as a direct result of crime; and

(ii) Includes, in the event of the death of a victim, the victim's estate.

(b) (1) On conviction of a crime, acceptance of a plea of nolo contendere, or
imposition of probation before judgment under § 292 or § 641 of this article, the court
may order the defendant to make restitution in addition to any other penalty for the
commission of the crime, if:

(i) Property of the victim was stolen, converted, unlawfully obtained,
or its value substantially decreased as a direct result of the crime;

(ii) The victim suffered actual medical expenses, direct
out-of-pocket losses, or loss of earnings as a direct result of the crime;

(iii) The victim incurred medical expenses that were paid by the
Department of Health and Mental Hygiene or any other governmental entity;

(iv) A governmental entity incurred expenses in the removal, towing,
transporting, preserving, storage, sale, or destruction of an abandoned vehicle; or

(v) The Criminal Injuries Compensation Board paid benefits to a
victim of the crime.

(2) On conviction of a crime, acceptance of a plea of nolo contendere, or
imposition of probation before judgment under § 292 or § 641 of this article, the court
may order the defendant to make restitution in addition to any other penalty for the
commission of the crime if:

(i) The victim or the State on behalf of the victim requests
restitution; and

(ii) The court is presented with competent evidence of any of items
(i) through (v) of paragraph (1) of this subsection.

(3) The court may order that restitution be made to:
(i) The victim;

(ii) The Department of Health and Mental Hygiene, the Criminal
Injuries Compensation Board, or any other governmental entity; or

(iii) A third-party payor, including an insurer, which has made
payment to the victim to compensate the victim for a property loss or pecuniary loss
under this subsection.

(4) If the victim has been fully compensated for the victim's loss by a
third-party payor, the court may order restitution to the third-party payor. Otherwise,
payment of restitution to the victim has priority over payment of restitution to the
third-party payor.

(5) Payment of restitution to the victim under this subsection has priority

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Session Laws, 1990 Session
Volume 436, Page 1284   View pdf image (33K)
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