1997 LAWS OF MARYLAND

A. The owner of the burial site; and

B. An individual related by blood or marriage to the individual
buried in the burial site.]

[(b)] (A) (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 A court may
issue [an order] A JUDGMENT of restitution directing the A defendant to make
restitution in addition to any other penalty for the commission of the A crime, if:

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

(ii) The victim suffered actual medical, DENTAL HOSPITAL
COUNSELING, FUNERAL BURIAL expenses, ANY OTHER 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 § 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; AND

(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) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF THE
DEFENDANT IS A CHILD, THE COURT MAY ORDER THE CHILD. THE CHILD'S PARENT, OR
BOTH TO PAY RESTITUTION TO A VICTIM.

(II) AS AN ABSOLUTE LIMIT AGAINST ONE CHILD, THE CHILD'S
PARENT, OR BOTH, A JUDGMENT OF RESTITUTION ISSUED UNDER THIS SECTION MAY
NOT EXCEED $10,000 FOR ALL ACTS ARISING OUT OF A SINGLE INCIDENT.

(III) A COURT MAY NOT ENTER A JUDGMENT 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 SENTENCING OR DISPOSITION HEARING.

- 2236 -

Ch. 311