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Session Laws, 1996
Volume 794, Page 3353   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 585

(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 $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 $10,000.

(2) As an absolute limit against any one child, his parents, or both, a
judgment rendered under this section may not exceed $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 JUVENILE court for good cause.

(e)     A judgment of restitution against a parent may not be entered unless the
parent has been afforded a reasonable opportunity to be heard and to present
appropriate evidence in [his] THE PARENT'S behalf. A hearing under this section may be
held as part of an adjudicatory or disposition hearing for the child.

(f)     The judgment may be enforced in the same manner as enforcing monetary
judgments.

(g)     The Department of Juvenile Justice is responsible for the collection of
restitution payments when the restitution order provides that restitution is to be made in
periodic or installment payments, as part of probation, or pursuant to a work plan.

DRAFTER'S NOTE: This section is transferred from CJ § 3-829.

In subsections (a)(1), (2), (3)(iii), (b), and (d) of this section, the word
"juvenile" is added before the word "court" to clarify that this section applies
only to proceedings in the juvenile court.

In subsection (a)(1)(iii)2. and 3. of this section, the references to "§ 35C of
this article" and "§ 35D of this article" are substituted for the former obsolete
references to "Article 27, § 35A of the Code" and "Article 27, § 35B of the
Code" respectively.

The only other changes are in style.

As to the definitions of "adjudicatory hearing", "child", "court", "delinquent
act", "disposition hearing", and "victim", see CJ § 3-801.

809. EVIDENCE OF EXPENSES AT HEARING.

(a) In a restitution hearing held under [§ 3-829 of this article or Article 27, § 640
of the Code] § 807 OR § 808 OF THIS SUBHEADING, a written statement or bill for
medical, dental, hospital, funeral, or burial expenses shall be prima facie evidence that
the amount indicated on the written statement or bill represents a fair and reasonable
charge for the services or materials provided.

- 3353 -

 

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Session Laws, 1996
Volume 794, Page 3353   View pdf image
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