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Statutes Text

Article - Criminal Procedure


    (a)    A court may enter a judgment of restitution that orders a defendant or child respondent to make restitution in addition to any other penalty for the commission of a crime or delinquent act, if:

        (1)    as a direct result of the crime or delinquent act, property of the victim was stolen, damaged, destroyed, converted, or unlawfully obtained, or its value substantially decreased;

        (2)    as a direct result of the crime or delinquent act, the victim suffered:

            (i)    actual medical, dental, hospital, counseling, funeral, or burial expenses or losses;

            (ii)    direct out–of–pocket loss;

            (iii)    loss of earnings; or

            (iv)    expenses incurred with rehabilitation;

        (3)    the victim incurred medical expenses that were paid by the Maryland Department of Health or any other governmental unit;

        (4)    a governmental unit incurred expenses in removing, towing, transporting, preserving, storing, selling, or destroying an abandoned vehicle as defined in § 25–201 of the Transportation Article;

        (5)    the Criminal Injuries Compensation Board paid benefits to a victim; or

        (6)    the Maryland Department of Health or other governmental unit paid expenses incurred under Subtitle 1, Part II of this title.

    (b)    A victim is presumed to have a right to restitution under subsection (a) of this section if:

        (1)    the victim or the State requests restitution; and

        (2)    the court is presented with competent evidence of any item listed in subsection (a) of this section.

    (c)    (1)    A judgment of restitution does not preclude the property owner or the victim who suffered personal physical or mental injury, out–of–pocket loss of earnings, or support from bringing a civil action to recover damages from the restitution obligor.

        (2)    A civil verdict shall be reduced by the amount paid under the criminal judgment of restitution.

    (d)    In making a disposition on a finding that a child at least 13 years old has committed an act of graffiti under § 6–301(d) of the Criminal Law Article, the court shall order the child to perform community service or pay restitution or both.

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