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Session Laws, 1995
Volume 793, Page 4170   View pdf image
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H.B. 407

VETOES

5.       Sodomy under Article 27, § 553 of the Code; or

6.       Unnatural or perverted sexual practices under Article 27, §
554 of the Code.

(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, including the Criminal Injuries
Compensation Board; 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 paragraph (l)(ii) 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 person personally.

(c)     (1) A judgment rendered under this section may not exceed:

(i) As to property stolen, destroyed, converted, or unlawfully
obtained, the lesser of the fair market value of the property or [$5,000] $10,000;

(ii) As to property damaged, or substantially decreased in value, the
lesser of the amount of damage or the decrease in value of the property not to exceed the
fair market value of the property or [$5,000] $10,000; and

(iii) As to personal injuries inflicted, the lesser of the actual medical,
dental, hospital, funeral, and burial expenses incurred by the injured person as a result of
the injury or [$5,000] $10,000.

(2) As an absolute limit against any one child, his parents, or both, a
judgment rendered under this section may not exceed [$5,000] $10,000 for all acts arising
out of a single incident.

(d) A restitution hearing to determine the liability of a parent, a child, or both,
shall be held not later than 30 days after the disposition hearing and may be extended by
the court for good cause.

- 4170 -

 

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Session Laws, 1995
Volume 793, Page 4170   View pdf image
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