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Session Laws, 1997
Volume 795, Page 2292   View pdf image
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Ch. 312

1997 LAWS OF MARYLAND

(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 (l)(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.

(3) A court may not issue an order 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 criminal proceeding against the child.]

[(n)] (L) The State's Attorney should, if practicable, notify any eligible victim of
the right to request restitution and provide assistance in the preparation of the request
and advice as to the steps that a victim may take to collect any restitution that is awarded.

(M) IF A VICTIM CANNOT BE LOCATED, ALL MONEYS COLLECTED FROM A
JUDGMENT OF RESTITUTION SHALL BE TREATED AS ABANDONED PROPERTY
UNDER TITLE 17 OF THE COMMERCIAL LAW ARTICLE

808.

(a) [(1) The juvenile] NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE court may enter a judgment of restitution UNDER
§ 807 OF THIS SUBHEADING
against the parent of a child, the child, or both in any case
in which the court finds a child
has
committed a delinquent act [and during or as a result of the commission of that
delinquent act ha
s:

- 2292 -

 

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Session Laws, 1997
Volume 795, Page 2292   View pdf image
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