WILLIAM DONALD SCHAEFER, Governor

Ch. 475

(j) A court may not assess any costs on an individual, governmental entity, or
third-party payor to whom a defendant has been ordered to pay restitution:

(1)     For recording and indexing an order of restitution as a money judgment
in the court in which the order of restitution was issued; or

(2)     For recording and indexing a notice of lien forwarded by the District
Court to a circuit court.

(k) (1) Subject to the Maryland Rules, unless complete restitution is paid by a
defendant, termination of an order of restitution or probation by a court does not affect
a money judgment that has been recorded and indexed under this section.

(2) If a District Court decides to terminate an order of restitution that has
not been recorded and indexed as a money judgment under subsection (i) of this section
or to terminate a probation before an order of restitution has been recorded and indexed
as a money judgment under subsection (i) of this section, the court shall direct the clerk
of the court to:

(i) Record and index the order of restitution as a money judgment
and forward a notice of lien to the circuit court of that county prior to terminating the
order of restitution and probation; and

(ii) Forward a written notice to the individual, governmental entity, or
third-party payor to whom the defendant was ordered to pay restitution which states that
the order of restitution has been recorded and indexed as a money judgment in the
District Court and that a notice of lien has been forwarded to the circuit court of that
county.

(1) (1) Notwithstanding any other provision of this section and except as
provided in paragraph (2) of this subsection, a victim or other person may not execute on
a judgment recorded and indexed under this section if the defendant files a motion under
the Maryland Rules to stay execution of sentence or the order of restitution and
challenges the conviction, sentence, or order of restitution by:

(i) Filing an appeal in a State court or in federal court;

(ii) Applying for leave to appeal following a plea of guilty in a circuit
court;

(iii) Filing a motion for exercise of revisory power by the sentencing
court under the Maryland Rules;

(iv) Filing an application for review of criminal sentence under §§
645JA through 645JG of this article; or

(v) Filing a notice for in banc review under the Maryland Rules.

(2) If a defendant files an action described in paragraph (1) of this
subsection, an individual, governmental entity, or third-party payor may not execute on a
judgment recorded and indexed under this section until a court issues a final judgment
upholding the conviction, sentence, or order of restitution.

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