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Session Laws, 1987
Volume 769, Page 1930   View pdf image
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Ch. 344

LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

3-829.

(a) (1) The court may enter a judgment of restitution
against the parent of a child, [or] the child, OR BOTH in any
case in which the court finds a child has committed a delinquent
act and during OR AS A RESULT OF the commission of that
delinquent act has:

[(1)] (I) Stolen, damaged, [or] destroyed, CONVERTED,
UNLAWFULLY OBTAINED, OR SUBSTANTIALLY DECREASED THE VALUE OF the
property of another; OR

[(2)] (II) Inflicted personal injury on another,
requiring the injured person to incur medical, dental, hospital,
or funeral FUNERAL, OR BURIAL expenses; OR.

(III) CAUSED THE VICTIM DIRECT OUT OF POCKET

LOSSES OR LOSS OR EARNINGS.

(2)  THE COURT MAY ORDER THE PARENT OF A CHILD, A
CHILD, OR BOTH TO MAKE RESTITUTION TO:

(I) THE VICTIM;

(II)  ANY GOVERNMENTAL ENTITY; OR

(III)  A THIRD PARTY PAYOR, INCLUDING AN
INSURER, THAT HAS MADE PAYMENT TO THE VICTIM TO COMPENSATE THE
VICTIM FOR A PROPERTY LOSS UNDER PARAGRAPH (1)(I) OF THIS
SUBSECTION OR PECUNIARY LOSS UNDER PARAGRAPHS (1)(II) OR (1)(III)

OF THIS SUBSECTION.

(3)(I) RESTITUTION PAYMENTS TO THE VICTIM HAVE
PRIORITY OVER RESTITUTION PAYMENTS TO A THIRD PARTY PAYOR.

(II) IF THE VICTIM HAS BEEN COMPENSATED FOR THE
VICTIM'S LOSS BY, A THIRD PARTY PAYOR, THE COURT MAY ORDER
RESTITUTION PAYMENTS TO THE THIRD PARTY PAYOR IN THE AMOUNT THAT
THE THIRD PARTY PAYOR COMPENSATED THE VICTIM.

(4) PAYMENT OF RESTITUTION TO A VICTIM UNDER THIS
SECTION HAS PRIORITY OVER PAYMENT OF RESTITUTION TO ANY

GOVERNMENTAL ENTITY.

(b) Considering the age and circumstances of a child, the
court may order the child to make restitution to the wronged
party PERSON personally.

- 1930 -

 

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Session Laws, 1987
Volume 769, Page 1930   View pdf image
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