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Ch. 26
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PARRIS N. GLENDENING, Governor
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"Person" § 1-101
"Property" § 8-101
"Service" § 8-101
"Value" § 8-101
8-107. SAME — RESTORATION OF PROPERTY; RESTITUTION; COLLECTION FEE.
IN ADDITION TO THE PENALTIES PROVIDED IN § 8-106 OF THIS SUBTITLE, IF A
PERSON OBTAINS PROPERTY OR SERVICES BY ISSUING OR PASSING A CHECK IN
VIOLATION OF § 8-103 OF THIS SUBTITLE, ON CONVICTION, THE COURT:
(1) IF THE PROPERTY HAS BEEN RECOVERED OR IS IN THE
DEFENDANT'S POSSESSION OR CONTROL, MAY ORDER RESTORATION OF THE
PROPERTY TO ANY PERSON WITH A PROPERTY INTEREST IN IT;
(2) TO THE EXTENT THAT THE PROPERTY IS NOT RESTORED OR
COMPENSATION HAS NOT BEEN PROVIDED FOR THE SERVICES, MAY ORDER
RESTITUTION OF THE VALUE OF THE PROPERTY OR SERVICES OBTAINED TO BE PAID
TO:
(I) ANY PERSON HAVING A PROPERTY INTEREST IN THE
PROPERTY; OR
(II) THE PERSON WHO PROVIDED THE SERVICES; AND
(3) MAY ORDER THE DEFENDANT TO PAY A COLLECTION FEE OF UP TO
$35, FOR EACH CHECK, TO:
(I) ANY PERSON WITH A PROPERTY INTEREST IN THE PROPERTY;
OR
(II) THE PERSON WHO PROVIDED THE SERVICES.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 143(d).
In this section, the reference to issuing or passing a check "in violation of §
8-103 of this subtitle" is added for clarity.
Also in this section, the former references to property or services "which
has been the object of the offense" are deleted as surplusage.
Also in this section, the former reference to property recovered "from the
defendant or another" is deleted as surplusage.
Defined terms: "Check" § 8-101
"Issue" § 8-101
"Obtain" § 8-101
"Pass" § 8-101
"Person" § 1-101
"Property" § 8-101
"Service" § 8-101
"Value" § 8-101
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- 583 -
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