§ 11-613
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/md/criminal-procedure/11-613A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§11–613.
(a)Notwithstanding any other provision of Part I of this subtitle and except as provided in subsection
(b)of this section, a victim or other person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle if the restitution obligor:
(1)files a motion under the Maryland Rules to stay execution of the judgment of restitution and the motion has not been decided by the court; and
(2)challenges the conviction, sentence, or judgment of restitution by:
(i)filing an appeal in a State court or in federal court;
(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 Title 8 of this article; or
(v)filing a notice for in banc review under the Maryland Rules.
(b)If a restitution obligor has complied with the requirements of subsection
(a)of this section and the court has not yet ruled on the request for a stay, a person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until a court issues a final judgment that upholds the conviction, sentence, or judgment of restitution.
(c)A person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until the time has expired in which a restitution obligor may file any of the actions listed under subsection (a)(2)(i) through
(v)of this section.
(d)The judgment of restitution may be enforced in the same way that a monetary judgment is enforced.