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Session Laws, 1989
Volume 771, Page 4905   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

(f) An order of restitution may not preclude the owner of
the property or the victim who suffered personal physical or
mental injury or out-of-pocket loss of earnings or support from
proceeding in a civil action to recover damages from the
defendant. A civil verdict shall be reduced by the amount paid
under the criminal restitution order.

(G) (1) AN ORDER OF RESTITUTION SHALL CONSTITUTE JUDGMENT
AS IN A CIVIL ACTION.

(2)  AN ORDER OF RESTITUTION FROM THE DISTRICT COURT
OR THE CIRCUIT COURT SHALL BE INDEXED AND RECORDED AS PRESCRIBED
BY THE MARYLAND RULES OR THE MARYLAND DISTRICT RULES.

(3)  A JUDGMENT ENTERED UNDER THIS SECTION CONSTITUTES
A LIEN IN THE AMOUNT OF THE JUDGMENT ON THE REAL PROPERTY OF THE
DEFENDANT ONLY;

(I)  FROM THE DATE OF RECORDING IN THE CIVIL
JUDGMENT INDEX AS PRESCRIBED UNDER PARAGRAPH (2) OF THIS
SUBSECTION; AND

(II)  ON REAL PROPERTY LOCATED IN THE COUNTY OF
RECORDING, WHETHER RECORDED IN THE COUNTY OF ENTRY OR IN ANOTHER
COUNTY UNDER MARYLAND RULE 2-623(A).

(3) (4) UNLESS COMPLETE RESTITUTION HAS BEEN PAID,
TERMINATION OF RESTITUTION OR PROBATION BY A COURT DOES NOT
AFFECT A JUDGMENT ENTERED UNDER THIS SECTION.

(H) (1) A VICTIM OR OTHER PERSON MAY NOT EXECUTE ON A

JUDGMENT INDEXED AND RECORDED UNDER SUBSECTION (G) OF THIS

SECTION IF THE DEFENDANT CHALLENGES THE CONVICTION OR ORDER OF
RESTITUTION BY:

(I)  FILING A MOTION TO STAY EXECUTION OF
SENTENCE UNDER THE MARYLAND RULES;

(II)  FILING AN APPEAL IN A STATE COURT OR IN
FEDERAL COURT;

(III)  APPLYING FOR LEAVE TO APPEAL FOLLOWING A
PLEA OF GUILTY IN A CIRCUIT COURT;

(IV)  FILING A MOTION FOR EXERCISE OF REVISORY
POWER BY THE SENTENCING COURT UNDER THE MARYLAND RULES;

(V)  FILING AN APPLICATION FOR REVIEW OF
CRIMINAL SENTENCE UNDER ARTICLE 27, §§ 645JA THROUGH 645JG OF THE
CODE (SUBHEADING "REVIEW OF CRIMINAL SENTENCES");

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Session Laws, 1989
Volume 771, Page 4905   View pdf image
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