PARRIS N. GLENDENING, Governor

H.B. 576

3.       Information regarding the new place of employment of the
defendant; or

4.       That the defendant has been reemployed by the employer;
and

(iv) Unless the information has previously been provided to the court,
the Division or the Central Collection Unit shall notify the court of any current or
subsequent address of the residence of the defendant and the employer and work address
of the defendant.

(2)     An earnings withholding order is binding on each present and future
employer of the defendant who has been served with the order.

(3)     Except as otherwise provided in this section, an earnings withholding
order issued under this section shall:

(i) Comply with the requirements of § 10-126(a) of the Family Law
Article; and

(ii) Set forth the obligations and responsibilities of an employer and a
defendant under an earnings withholding order and the consequences of violating a
provision of this section.

(4)     Each amount withheld in an earnings withholding order under this
section shall be payable to the Division.

(5)     The provisions of § 10-127(a) through (c) of the Family Law Article
shall apply to an earnings withholding order under this section.

(6)     (i) Subject to the provisions of paragraphs (ii) and (iii) of this
subsection, the payment amount under an earnings withholding order under this section
shall be 20 percent of the earnings of a defendant as determined under [§ 637 of this
article] § 806 OF THIS SUBHEADING.

(ii) If the restitution obligation of the defendant is considered to be
delinquent, the court may impose a payment amount in excess of the amount allowed in
subparagraph (i) of this paragraph.

(iii) Any amount of an earnings withholding order issued under this
section may not exceed the requirements of the federal Consumer Credit Protection Act.

(iv) If a court determines that the amount of an earnings withholding
order issued under this section exceeds the requirements of the federal Consumer Credit
Protection Act, the court shall alter the amount of the order to the maximum allowed
under the federal Consumer Credit Protection Act.

(7)     (i) A defendant or employer of a defendant who violates the
provisions of this section is subject to a fine not to exceed $250.

(ii) A fine collected under this section shall be distributed in the same
manner as the distribution of costs under [Article 26A, § 17 of the Code] § 830 OF THIS
SUBTITLE.

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