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Session Laws, 1996
Volume 794, Page 4271   View pdf image
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PARRIS N. GLENDENING, Governor

H.B. 576

(B) The provisions of this section may not deprive the party injured from having
and maintaining a civil action against the offender, either before or after conviction, or
against any other person, for the recovery of the money received or property taken, or the
value [thereof] OF THE PROPERTY.

DRAFTER'S NOTE: This section formerly was Art. 27, § 637 of the Code.

The only changes are in style.

[640.] 807. RESTITUTION FOR CRIMES.

(a)     (1) In this [subtitle] SECTION, the following words have the meanings
indicated, unless the context of their use indicates otherwise.

(2)     "Abandoned vehicle" has the same meaning as stated in § 25-201 of the
Transportation Article.

(3)     "Child" means a person under the age of 18 years.

(4)     "Court" means the Court of Appeals, Court of Special Appeals, circuit
court, and District Court of Maryland, or any of them, unless the context clearly requires
a contrary meaning.

(5)     "Crime" means an act committed by any person in the State [of
Maryland] which would constitute a crime as defined in this article or at common law, or
a violation under § 25-202 of the Transportation Article. However, an act involving the
operation of a motor vehicle which results in injury does not constitute a crime for the
purpose of this [ article] SECTION unless the injuries were intentionally inflicted through
the use of a vehicle.

(6)     "Defendant" means any person who has been found guilty of a crime or
any person whose plea of nolo contendere to a crime has been accepted by the court.

(7)     "Division" means Division of Parole and Probation.

(8)     "Judge" means a judge of a court.

(9)     "Order of restitution" means either a direct order for payment of
restitution or an order for payment of restitution that is a condition of probation in an
order of probation.

(10)   "Property" means both real and personal property.

(11)   "Victim":

(i) Means a person who suffers personal injury, death, or property loss
as a direct result of crime; and

(ii) Includes, in the event of the death of a victim, the victim's estate.

(b)     (1) On conviction of a crime, acceptance of a plea of nolo contendere, or
imposition of probation before judgment under § 641 of this article, the court may issue
an order of restitution directing the defendant to make restitution in addition to any
other penalty for the commission of the crime, if:

- 4271 -

 

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Session Laws, 1996
Volume 794, Page 4271   View pdf image
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