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H.B. 1010 VETOES
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(c) (1) A court may not enter a judgment of restitution against a parent
under Part I of this subtitle unless the parent has been afforded a reasonable
opportunity to be heard and to present evidence.
(2) A hearing under this subsection may be held as part of the sentencing
or disposition hearing.
11-606.
(a) The court may order that restitution be paid to:
(1) the victim;'
(2) the Department of Health and Mental Hygiene, the Criminal Injuries
Compensation Board, or any other governmental unit; or
(3) a third-party payor, including:
(I) an insurer[,]; or
(II) any other person that has, UNDER PART I OF THIS SUBTITLE:
1. compensated the victim for a property or pecuniary loss
[under Part I of this subtitle]; OR
2. PAID AN EXPENSE ON BEHALF OF A VICTIM.
(b) (1) Payment of restitution to the victim has priority over:
(i) payment of restitution to the Department of Health and Mental
Hygiene or other governmental unit;
(II) PAYMENTS OWED TO THE STATE FOR REIMBURSEMENT OF
PAYMENTS MADE ON BEHALF OF A CHILD; and
[(ii)] (III) subject to paragraph (2) of this subsection, payment of
restitution to a third-party payor.
(2) If the victim has been fully compensated for the victim's loss by a
third-party payor, the court may issue a judgment of restitution that directs the
restitution obligor to pay restitution to the third-party payor.
11-607.
(c) (1) Whenever [a restitution obligor fails to make] AN OBLIGOR'S
restitution [as ordered] PAYMENT, AS ORDERED BY THE COURT OR ESTABLISHED BY
THE DIVISION, IS OVERDUE, the Division or the Department of Juvenile Services
shall:
(I) notify the court; AND
(II) IF AN EARNINGS WITHHOLDING ORDER IS NOT IN EFFECT AND
THE RESTITUTION OBLIGOR IS EMPLOYED, REQUEST AN EARNINGS WITHHOLDING
ORDER.
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