PARRIS N. GLENDENING, Governor                            H.B. 576

(h) Any action taken by a defendant, including an execution of a power of
attorney, creation of corporate entities, or designation of the defendant's interest, to
defeat the purpose of this section shall be void as against public policy.

(i) (1) Notwithstanding any other provision of law, claims on moneys in the
escrow account shall have the following priorities:

(i) Payments ordered by the Attorney General or a court under
subsection (f) of this section;

(ii) Subrogation claims of the State under Article 26A of the Code §
828 OF THIS ARTICLE;

(iii) A court order of restitution under § [640] 807 of this article;

(iv) A civil judgment of a victim of the crime; and

(v) A civil judgment of a person, other than a victim of the crime,
arising out of the crime.

(2) The Attorney General may bring an action of interpleader or an action
for declaratory judgment when the Attorney General is unable to determine the priority
of claims and the proper disposition of the escrow account.

(j) (1) There is established a Maryland Victims of Crime Fund Account in the
General Fund of the State.

(2)     The Fund is a special continuing, nonlapsing fund which is not subject to
§ 7-302 of the State Finance and Procurement Article.

(3)     The Treasurer shall separately hold, and the Comptroller shall account
for, the Fund.

(4)     The Fund shall be invested and reinvested in the same manner as other
State funds.

(5)     Any investment earnings shall be retained to the credit of the Fund.

(6)     The Fund shall be subject to an audit by the Office of Legislative Audits
as provided for in § 2-1215 of the State Government Article.

(7)     Disbursements from the Fund shall supplement and may not be a
substitute for any State, local government, or other funds for assistance to crime victims
or witnesses existing as of July 1, 1991.

(8)     This section may not be construed to prohibit the Fund from receiving
funds from any other source.

(k) (1) The Maryland Victims of Crime Fund shall be used for the purpose of
implementation of Article 47 of the Maryland Declaration of Rights and the guidelines
for treatment and assistance for crime victims and witnesses described in [§ 761 of this
article] § 848 OF THIS SUBTITLE and other laws adopted to benefit victims and witnesses
of crime.

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