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ROBERT L. EHRLICH, JR., Governor Ch. 512
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11-612.
(a) (1) If a District Court decides to [terminate a judgment of restitution
that has not been recorded and indexed as a money judgment or to] terminate a
probation before a judgment of restitution has been recorded and indexed as a money
judgment, the court shall direct the clerk of the court:
(i) to record and index the judgment of restitution as a money
judgment and forward a notice of lien to the circuit court of the county of entry of
judgment before terminating the [judgment of restitution and] probation; and
(ii) to forward a written notice to the person or governmental unit
to whom the restitution obligor was ordered to pay restitution.
(2) The written notice shall state that:
(i) the judgment of restitution has been recorded and indexed as a
money judgment in the District Court; and
(ii) a notice of lien has been forwarded to the circuit court of the
county of entry of judgment.
(b) Subject to the Maryland Rules, unless a restitution obligor pays complete
restitution, termination of [a judgment of restitution or] probation by a court does
not affect a money judgment that has been recorded and indexed under Part I of this
subtitle.
11-613.
(a) Notwithstanding any other provision of Part I of this subtitle and except as
provided in subsection (b) of this section, a victim or other person or governmental
unit may not execute on a judgment recorded and indexed under Part I of this subtitle
if the restitution obligor:
(1) files a motion under the Maryland Rules to stay execution of
[sentence or] the judgment of restitution [that] AND THE MOTION has not been
[determined] DECIDED by the court; and
(2) challenges the conviction, sentence, or judgment of restitution by:
(i) filing an appeal in a State court or in federal court;
(ii) applying for leave to appeal following a plea of guilty in a circuit
court;
(iii) filing a motion for exercise of revisory power by the sentencing
court under the Maryland Rules;
(iv) filing an application for review of criminal sentence under Title
8 of this article; or
(v) filing a notice for in banc review under the Maryland Rules.
- 3023 -
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