clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1997
Volume 795, Page 2241   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

PARRIS N. GLENDENING, Governor

Ch. 311

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

(ii) Forward a written notice to the individual, governmental entity, or
third-party payor to whom the defendant OR LIABLE PARENT was ordered to pay
restitution which states that the [order] JUDGMENT 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.

[(l)] (K) (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 OR LIABLE PARENT
files a motion under the Maryland Rules to stay execution of sentence or the [order]
JUDGMENT of restitution, WHICH HAS NOT BEEN DETERMINED BY THE COURT, and
challenges the conviction, sentence, or [order] JUDGMENT 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 OR LIABLE PARENT 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] JUDGMENT 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 OR LIABLE PARENT may file any of the actions listed under
items (1)(i) through (v) of this subsection.

(4) THE JUDGMENT OF RESTITUTION MAY BE ENFORCED IN THE SAME
MANNER AS ENFORCING MONETARY JUDGMENTS.

[(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.

- 2241 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1997
Volume 795, Page 2241   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives