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Session Laws, 1982
Volume 742, Page 3069   View pdf image
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HARRY HUGHES, Governor

3069

(A)  THE COURT MAY AWARD A CLAIMANT A SUM NOT TO EXCEED
THE AMOUNT DETERMINED BY THE COURT TO BE RESTITUTION FOR THE
VICTIM.

(B)  AN AWARD SHALL 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 DIES 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)  THE CUSTODIAN OF THE FUND SHALL PAY THE SUM
AWARDED TO A CLAIMANT AT THE DIRECTION OF THE COURT.

7-191.

ACCEPTANCE OF AN AWARD UNDER THIS ARTICLE SUBROGATES
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
PRINCE GEORGE'S COUNTY STATE'S ATTORNEY SHALL REPRESENT THE
FUND IN SUCH AN EVENT.

7-192.

(A)  A MINOR ADJUDGED TO HAVE COMMITTED A JUVENILE
DELINQUENT 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. INTEREST
SHALL BE ASSESSED AGAINST THE MINOR AT THE LEGAL RATE FROM
THE DATE OF DISBURSEMENT FROM THE FUND.

(B)  UNLESS THE MINOR IS AN EMANCIPATED MINOR, THE
PARENTS OR GUARDIAN OF A MINOR SHALL 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, 1982.

Approved May 25, 1982.

CHAPTER 482
(House Bill 1247)

 

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Session Laws, 1982
Volume 742, Page 3069   View pdf image
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