HARRY HUGHES, Governor
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2A-6. 2A-5.
(A) THE COURT MAY AWARD A CLAIMANT A SUM EQUAL TO THE
AMOUNT DETERMINED BY THE COURT TO BE RESTITUTION FOR THE
VICTIM'S INJURY.
(B) AN AWARD MAY NOT BE MADE ON A CLAIM UNLESS THE
CLAIMANT HAS INCURRED A MINIMUM OUT-OF-POCKET LOSS OF $25.
OUT-OF-POCKET LOSS MEANS UNREIMBURSABLE EXPENSES OR
INDEBTEDNESS REASONABLY INCURRED TO MAKE THE CLAIMANT WHOLE.
(C) IF THE VICTIM DIED AS A DIRECT RESULT OF THE
DELINQUENT ACT, THE CLAIMANT'S RECOVERY IS LIMITED TO
UNREIMBURSABLE EXPENSES OR INDEBTEDNESS REASONABLY INCURRED
FOR MEDICAL CARE AND FUNERAL AND BURIAL COSTS.
(D) AN AWARD MAY NOT EXCEED $2,500.
(E) THE CUSTODIAN OF THE FUND SHALL PAY THE SUM
AWARDED TO A CLAIMANT AT THE DIRECTION OF THE COURT.
2A-7. 2A-6.
ACCEPTANCE OF AN AWARD MADE PURSUANT TO THIS ARTICLE
SHALL SUBROGATE THE FUND, TO THE EXTENT OF SUCH AWARD, TO
ANY RIGHT OR RIGHT OF ACTION OCCURRING TO THE CLAIMANT OR
THE VICTIM TO RECOVER PAYMENTS ON ACCOUNT OF LOSSES
RESULTING FROM ANY ACT OR OCCURRENCE WITH RESPECT TO WHICH
THE AWARD IS MADE. THE CARROLL COUNTY STATE'S COUNTY
ATTORNEY SHALL REPRESENT THE FUND IN SUCH AN EVENT.
2A-8. 2A-7.
(A) A PERSON ADJUDGED TO HAVE COMMITTED A JUVENILE ACT
MAY BE ORDERED BY THE JUVENILE COURT TO REIMBURSE THE FUND
HIMSELF, EITHER BY A SINGLE PAYMENT OR IN INSTALLMENTS, AT
THE DISCRETION OF THE COURT. IN SUCH AMOUNT AS HE CAN
REASONABLY BE EXPECTED TO PAY, THE PERSON SO ADJUDGED SHALL
SIGN A NOTE PAYABLE TO THE JUVENILE RESTITUTION FUND FOR THE
AMOUNT DUE. INTEREST SHALL BE ASSESSED AGAINST THE PERSON
AT THE LEGAL RATE FROM THE DATE OF THE ADJUDICATION.
(B) THE PARENTS OR GUARDIAN OF A MINOR MAY BE ORDERED
TO COSIGN WITH THE MINOR A NOTE FOR THE AMOUNT OF THE AWARD
TO INSURE THE FUND IS REIMBURSED. IF THIS IS ORDERED, THE
LIABILITY OF THE MINOR PRECEDES THE LIABILITY OF THE PARENTS
OR GUARDIAN.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.
Approved May 27, 1980.
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