§ 11-603

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§11–603.

(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.

(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.