H.B. 576

VETOES

(i) Record and index the order of restitution as a money judgment
and forward a notice of lien to the circuit court of that county prior to terminating the
order of restitution and probation; and

(ii) Forward a written notice to the individual, governmental entity, or
third-party payor to whom the defendant was ordered to pay restitution which states that
the order of restitution has been recorded and indexed as a money judgment in the
District Court and that a notice of lien has been forwarded to the circuit court of that
county.

(1) (1) Notwithstanding any other provision of this section and except as
provided in paragraph (2) of this subsection, a victim or other person may not execute on
a judgment recorded and indexed under this section if the defendant files a motion under
the Maryland Rules to stay execution of sentence or the order of restitution and
challenges the conviction, sentence, or order of restitution by:

(i) Filing an appeal in a State court or in federal court;

(ii) Applying for leave to appeal following a plea of guilty in a circuit
court;                                                                                                   

(iii) Filing a motion for exercise of revisory power by the sentencing
court under the Maryland Rules;

(iv) Filing an application for review of criminal sentence under §§
645JA through 645JG of this article; or

(v) Filing a notice for in banc review under the Maryland Rules.

(2)     If a defendant files an action described in paragraph (1) of this
subsection, an individual, governmental entity, or third-party payor may not execute on a
judgment recorded and indexed under this section until a court issues a final judgment
upholding the conviction, sentence, or order of restitution.

(3)     An individual, governmental entity, or third-party payor may not
execute on a judgment recorded and indexed under this section until the time period has
expired in which a defendant may file any of the actions listed under items (1)(i) through
(v) of this subsection.

(m) (1) Notwithstanding any other provision of law, if the defendant is a child
who has been charged as an adult, the court may order the child, the child's parent, or
both to pay restitution to a victim.

(2)     As an absolute limit against any one child, the child's parent, or both, an
order of restitution issued under this section may not exceed $10,000 for all acts arising
out of a single incident.

(3)     A court may not issue an order of restitution against a parent under this
section unless the parent has been afforded a reasonable opportunity to be heard and to
present appropriate evidence on the parent's behalf. A hearing under this section may be
held as part of the criminal proceeding against the child.

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