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§ 11-613. Stay of execution of sentence

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 6. Restitution and Other Payments (Refs & Annos)
Part I. Restitution
MD Code, Criminal Procedure, § 11-613
§ 11-613. Stay of execution of sentence
In general
(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.
Final judgment
(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.
Expiration of time obligor may file for stay
(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.
Enforcement of judgment
(d) The judgment of restitution may be enforced in the same way that a monetary judgment is enforced.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2005, c. 512, § 1, eff. Oct. 1, 2005.
Formerly Art. 27, § 807.
MD Code, Criminal Procedure, § 11-613, MD CRIM PROC § 11-613
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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