Maryland HB 484: Criminal Procedure - Restitution - Out-of-Pocket Loss

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0484*

HOUSE BILL 484
E2 3lr1812

By: Delegate Conaway
Introduced and read first time: January 30, 2023
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Procedure – Restitution – Out–of–Pocket Loss 2

FOR the purpose of specifying certain out–of–pocket losses that the victim of a crime or 3
delinquent act suffered that may be considered when determining whether a court 4
may enter a judgment of restitution; and generally relating to restitution for crimes 5
and delinquent acts. 6

BY repealing and reenacting, with amendments, 7
Article – Criminal Procedure 8
Section 11–603 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2022 Supplement) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – Criminal Procedure 14

11–603. 15

(a) A court may enter a judgment of restitution that orders a defendant or child 16
respondent to make restitution in addition to any other penalty for the commission of a 17
crime or delinquent act, if: 18

(1) as a direct result of the crime or delinquent act, property of the victim 19
was stolen, damaged, destroyed, converted, or unlawfully obtained, or its value 20
substantially decreased; 21

(2) as a direct result of the crime or delinquent act, the victim suffered: 22

(i) actual medical, dental, hospital, counseling, funeral, or burial 23

2 HOUSE BILL 484

expenses or losses; 1

(ii) direct out–of–pocket loss, INCLUDING: 2

1. ATTORNEY’S FEES; 3

2. COURT COSTS; 4

3. REPLACEMENT COSTS; OR 5

4. FINES, LATE FEES, INTEREST, OR OTHER PENALTIES; 6

(iii) loss of earnings; or 7

(iv) expenses incurred with rehabilitation; 8

(3) the victim incurred medical expenses that were paid by the Maryland 9
Department of Health or any other governmental unit; 10

(4) a governmental unit incurred expenses in removing, towing, 11
transporting, preserving, storing, selling, or destroying an abandoned vehicle as defined in 12
§ 25–201 of the Transportation Article; 13

(5) the Criminal Injuries Compensation Board paid benefits to a victim; or 14

(6) the Maryland Department of Health or other governmental unit paid 15
expenses incurred under Subtitle 1, Part II of this title. 16

(b) A victim is presumed to have a right to restitution under subsection (a) of this 17
section if: 18

(1) the victim or the State requests restitution; and 19

(2) the court is presented with competent evidence of any item listed in 20
subsection (a) of this section. 21

(c) (1) A judgment of restitution does not preclude the property owner or the 22
victim who suffered personal physical or mental injury, out–of–pocket loss of earnings, or 23
support from bringing a civil action to recover damages from the restitution obligor. 24

(2) A civil verdict shall be reduced by the amount paid under the criminal 25
judgment of restitution. 26

(d) In making a disposition on a finding that a child at least 13 years old has 27
committed an act of graffiti under § 6–301(d) of the Criminal Law Article, the court shall 28
order the child to perform community service or pay restitution or both. 29

HOUSE BILL 484 3

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2