PARRIS N. GLENDENING, Governor
Ch. 312
written statement from the individual, governmental entity, or third-party payor that
requests the [order] JUDGMENT of restitution be recorded and indexed as a money
judgment;
(iii) A notice of lien shall be forwarded by the clerk of the District
Court to any other circuit court on the receipt of a written statement from the individual,
governmental entity, or third-party payor that requests the notice of lien be forwarded to
a specific circuit court; and
(iv) There shall be no fee for recording and indexing the [order]
JUDGMENT of restitution as a money judgment in the District Court or for recording and
indexing a notice of lien in the circuit court of that county.
[(j)] (I) A court may not assess any costs on an individual, governmental entity, or
third-party payor to whom a defendant OR LIABLE PARENT has been ordered to pay
restitution:
(1) For recording and indexing an order of restitution as a money judgment
in the court in which the [order] JUDGMENT of restitution was issued; or
(2) For recording and indexing a notice of lien forwarded by the District
Court to a circuit court.
[(k)] (J) (1) Subject to the Maryland Rules, unless complete restitution is paid
by a defendant OR LIABLE PARENT, termination of [an order] A JUDGMENT of
restitution or probation by a court does not affect a money judgment that has been
recorded and indexed under this section,
(2) If a District Court decides to terminate [an order] A JUDGMENT of
restitution that has not been recorded and indexed as a money judgment under subsection
[(i)] (H) of this section or to terminate a probation before [ an order] A JUDGMENT of
restitution has been recorded and indexed as a money judgment under subsection [(i)]
(H) of this section, the court shall direct the clerk of the court to:
(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;
- 2291 -
|