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Session Laws, 1986
Volume 768, Page 3896   View pdf image
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3896

VETOES

[(3)] (4) "Defendant" means any person who has been
found guilty of a crime or any person whose plea of nolo
contendere to a crime has been accepted by the court.

[(4)] (5) "Division" means Division of Parole and
Probation.

[(5)] (6) "Judge" means a judge of a court.

[(6)] (7) "Property" means both real and personal
property.

(b) (1) On conviction of a crime, the court may order the
defendant to make restitution in addition to any other penalty
for the commission of the crime, if:

(i) Property of the victim was stolen,
converted, unlawfully obtained, or its value substantially
decreased as a direct result of the crime;

(ii) The victim suffered actual medical
expenses, direct out-of-pocket losses, or loss of earnings as a
direct result of the crime; [or]

(iii) The victim incurred medical expenses that
were paid by the Department of Health and Mental Hygiene or any
other governmental entity; OR

(IV) A GOVERNMENTAL ENTITY INCURRED EXPENSES IN
THE REMOVAL, TOWING, TRANSPORTING, PRESERVING, STORAGE, SALE, OR
DESTRUCTION OF AN ABANDONED VEHICLE.

(2)  The court may order that restitution be made to:

(i) The victim;

(ii) The Department of Health and Mental
Hygiene or other governmental entity; or

(iii) A third-party payor, including an

insurer, which has made payment to the victim to compensate the

victim for a property loss under paragraph (l)(i) of this

subsection, or pecuniary loss under paragraph (l)(ii) of this
subsection.

(3)  If the victim has been fully compensated for the
victim's loss by a third-party payor, the court may order
restitution to the third-party payor. Otherwise, payment of
restitution to the victim has priority over payment of
restitution to the third-party payor.

(4)  Payment of restitution to the victim under this
subsection has    priority over payment of restitution to the
Department of    Health and Mental Hygiene or other governmental
entity.

 

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Session Laws, 1986
Volume 768, Page 3896   View pdf image
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