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H.B. 1010 VETOES
11-617.
(a) (1) If a court issues a judgment of restitution under § 11-603 of this
subtitle, the court may enter an immediate and continuing earnings withholding
order in an amount sufficient to pay the restitution.
(2) The court may enter the order:
(i) at the sentencing or disposition hearing;
(ii) when the defendant or child respondent is placed on work
release or probation; or
(iii) when the payment of restitution is overdue.
(b) Subject to federal law, the order of priority of execution of an earnings
withholding order is:
(1) first, an earnings withholding order issued under § 10-128 of the
Family Law Article;
(2) second, an earnings withholding order issued under this section; and
(3) lastly, any other lien or legal process.
(c) (1) This subsection applies whenever a court orders an earnings
withholding order under this section.
(2) On entry of the order, the clerk of the court immediately shall:
(i) serve a copy on any current or subsequent employer of the
restitution obligor, if known; and
(ii) mail a copy to the restitution obligor at the last known address
or place of incarceration or commitment of the restitution obligor.
(3) A restitution obligor immediately shall notify the court [and], THE
CENTRAL COLLECTION UNIT, AND the Division or Department of Juvenile Services of:
(i) any objection to an earnings withholding order;
(ii) the current home address of the restitution obligor;
(iii) the name of the employer;
(iv) the work address of the restitution obligor; and
(v) any change of employer, home address, or work address of the
restitution obligor.
(4) An employer who is served with an earnings withholding order under
this section immediately shall notify the court [and], THE CENTRAL COLLECTION
UNIT, AND the Division or Department of Juvenile Services of:
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- 4342 -
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