H.B. 576                                                 VETOES

(i) Property of the victim was stolen, converted, unlawfully obtained,
or its value substantially decreased as a direct result of the crime;

(ii) The victim suffered actual medical expenses, direct out-of-pocket
losses, or loss of earnings as a direct result of the crime;

(iii) The victim incurred medical expenses that were paid by the
Department of Health and Mental Hygiene or any other governmental entity;

(iv) A governmental entity incurred expenses in the removal, towing,
transporting, preserving, storage, sale, or destruction of an abandoned vehicle;

(v) The Criminal Injuries Compensation Board paid benefits to a
victim of the crime; or

(vi) The Department of Health and Mental Hygiene or other
governmental entity paid expenses incurred under [ § 765 of this article] § 855 OF THIS
SUBTITLE.

(2)     A victim is presumed to have a right to restitution under paragraph (1)
of this subsection if:

(i) The victim or the State requests restitution;

(ii) The court is presented with competent evidence of any of items (i)
through (vi) of paragraph (1) of this subsection; and

(iii) The defendant has the ability to pay the restitution order.

(3)     A court need not issue an order of restitution under this section if the
court finds good cause to establish extenuating circumstances as to why an order of
restitution is inappropriate in a case.

(4)     The court may order that' restitution be made to:

(i) The victim;

(ii) The Department of Health and Mental Hygiene, the Criminal
Injuries Compensation Board, or any other governmental entity; or

(iii) A third-party payor, including an insurer, which has made
payment to the victim to compensate the victim for a property loss or pecuniary loss under
this subsection.

(5)     If the victim has been fully compensated for the victim's loss by a
third-party payor, the court may issue an order of restitution directing the defendant to
pay restitution to the third-party payor. Otherwise, payment of restitution to the victim
has priority over payment of restitution to the third-party payor.

(6)     Payment of restitution to the victim under this subsection has priority
over payment of restitution to the Department of Health and Mental Hygiene or other
governmental entity.

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