Ch. 312

1997 LAWS OF MARYLAND

(4) "Court" means the Court of Appeals, Court of Special Appeals, circuit
court, and District Court of Maryland, or any of them, unless the context clearly requires
a contrary meaning.

(5) "Crime" means an act committed by any person in the State which would
constitute a crime as defined in this article or at common law, or a violation under §
25-202 of the Transportation Article. However, an act involving the operation of a motor
vehicle which results in injury does not constitute a crime for the purpose of this section
unless the injuries were intentionally inflicted through the use of a vehicle.

(6) "Defendant" means any person who has been found guilty of a crime or
any person whose plea of nolo contendere to a crime has been accepted by the court.

(7) "Division" means Division of Parole and Probation.

(8) "Judge" means a judge of a court.

(9) "Order of restitution" means either a direct order for payment of
restitution or an order for payment of restitution that is a condition of probation in an
order of probation.

(10) "Property" means both real and personal property.

(11) (i) "Victim" means a person who suffers personal injury, death, or
property damage or loss as a direct result of crime.

(ii) "Victim" includes:

1. In the event of the death of a victim, the victim's estate; or

2. Upon conviction, acceptance of a plea of nolo contendere, or
imposition of probation before judgment for an offense under § 267 of this article:

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;

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