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Session Laws, 1989
Volume 771, Page 4903   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

(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;

(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; OR

(V) THE CRIMINAL INJURIES COMPENSATION BOARD
PAID BENEFITS TO A VICTIM OF THE CRIME.

(2) ON CONVICTION OF A CRIME , OR, ACCEPTANCE OF A
PLEA OF NOLO CONTENDERE, OR IMPOSITION OF PROBATION BEFORE
JUDGMENT UNDER § 292 OR § 641 OF THIS ARTICLE
OR IMPOSITION OF
PROBATION BEFORE JUDGMENT UNDER ARTICLE 27, § 292 OR § 641, THE
COURT SHALL MAY ORDER THE DEFENDANT TO MAKE RESTITUTION IN
ADDITION TO ANY OTHER PENALTY FOR THE COMMISSION OF THE CRIME IF:

(I)  THE VICTIM OR THE STATE ON BEHALF OF THE
VICTIM REQUESTS RESTITUTION; AND

(II)  THE COURT IS PRESENTED WITH COMPETENT
EVIDENCE OF ANY OF ITEMS (I) THROUGH (V) OF PARAGRAPH (1) OF THIS
SUBSECTION.

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

(i) The victim;

(ii) The Department of Health and Mental
Hygiene, THE CRIMINAL INJURIES COMPENSATION BOARD, or ANY 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)] (4) 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

- 4903 -

 

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Session Laws, 1989
Volume 771, Page 4903   View pdf image
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