PARRIS N. GLENDENING, Governor Ch. 312

(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 PARENTS BEHALF. A HEARING UNDER THIS
SECTION MAY be HELD AS PART of THE SENTENCING or DISPOSITION HEARING.

(3) (4) A court need not issue [an order] A JUDGMENT of restitution
under this section if the court finds [good]:

(i) THAT THE DEFENDANT or LIABLE PARENT DOES not HAVE
THE ABILITY to PAY THE JUDGMENT of RESTITUTION; or

(II) GOOD cause to establish extenuating circumstances as to why [an
order] A JUDGMENT of restitution is inappropriate in a case.

(4) (5) The court may order that restitution be made to:

(i) The victim;

(ii) The Department of Health and Mental Hygiene, the Criminal
Injuries Compensation Board, or any other governmental entity; or

(iii) a third-party payor, including an insurer, which has made
payment to the victim to compensate the victim for a property loss or pecuniary loss under
this subsection.

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