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Session Laws, 1996
Volume 794, Page 3382   View pdf image
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Ch. 585

1996 LAWS OF MARYLAND

(6)     The decision of the Attorney General rendered under this subsection is
a final decision and may be appealed by a defendant or a victim only in accordance with
subsection (n) of this section within 60 days after the appellant received notice of the
decision.

(7)     If the decision of the Attorney General under this subsection is
appealed, the Attorney General shall maintain any moneys collected in escrow until
receiving a final order of the court.

(d)     A person may not:

(1)     Conceal the existence of a contract described in subsection (b) of this
section; or

(2)     Except as otherwise provided in this section, make or receive payments
under a contract described in subsection (b) of this section.

(e)     (1) (i) The Attorney General shall deposit any funds received under this
section in an interest bearing escrow account.

(ii) Except as provided in paragraph (3) of this subsection and
subsection (f) of this section, the Attorney General shall hold funds for the benefit of and
payable to the victim, as provided in paragraph (2) of this subsection.

(2)     (i) If, within 5 years of the establishment of the escrow account, the
victim brings or has a pending civil action in a court of competent jurisdiction or has
recovered a money judgment for damages against the defendant or has been awarded
restitution, the Attorney General shall pay, subject to the priority of claims described in
this section, to the victim funds from the escrow account to the extent of the money
judgment or the amount of restitution. Any funds then remaining in the escrow account
shall be paid over as provided in this section. Money may not be paid under this
subparagraph until the defendant has been found guilty, has pleaded nolo contendere,
has been placed on probation before judgment, or has been found not criminally
responsible for criminal conduct under § 12-108 of the Health - General Article.

(ii) At least once every 6 months for 5 years from the date the
Attorney General receives such moneys or other consideration, the Attorney General
shall publish a legal notice in newspapers of general circulation in the county where the
crime was committed and in counties contiguous to that county that advises the victims
that escrow moneys are available to satisfy money judgments under this section. The
Attorney General may provide for additional notice as the Attorney General deems
necessary.

(3)     Except as provided in paragraph (4) of this subsection, the Attorney
General shall pay over to the defendant all of the funds from the escrow account if:

(i) The charges against the defendant are dismissed or if nolle
prosequi is entered;

(ii) The defendant is acquitted;
- 3382 -

 

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Session Laws, 1996
Volume 794, Page 3382   View pdf image
 Jump to  
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