Maryland 2023 Regular Session

Maryland House Bill HB484

Introduced
1/30/23  

Caption

Criminal Procedure - Restitution - Out-of-Pocket Loss

Impact

If enacted, HB 484 will have significant implications for the legal landscape relating to restitution in Maryland. It clarifies and establishes a clearer framework for victims to seek compensation beyond traditional considerations of loss. This enhancement in the restitution process is anticipated to provide victims with greater financial recourse, potentially aiding in their recovery and supporting their rights under law. However, courts will need to provide competent evidence for such claims, thereby balancing the interests of victims with the rights of defendants.

Summary

House Bill 484 proposes amendments to Maryland's criminal procedure, specifically focusing on the determination of restitution for victims of crimes. The bill specifies that victims' out-of-pocket losses that result directly from criminal acts can be considered when a court determines whether to impose a judgment for restitution. This inclusion broadens the scope of expenses that victims can seek to recover, including attorney's fees, court costs, and replacement costs, among others. With this bill, the aim is to ensure that victims are fully compensated for the financial burdens they incur due to criminal acts directed at them.

Contention

The discourse surrounding HB 484 may evoke contention, particularly regarding what constitutes an 'out-of-pocket loss' and how broadly courts will interpret the bill’s provisions. Some critics may argue that the expansion of restitution claims could lead to increased burdens on defendants, especially if courts interpret the provisions expansively. Conversely, advocates for victims' rights contend that it creates a necessary legal foundation for victims to recover losses that they previously could not claim, thus promoting justice and fairness in financial reparations.

Companion Bills

No companion bills found.

Previously Filed As

MD AB1803

Criminal procedure: restitution.

MD AB855

Criminal procedure: fines, fees, and restitution.

MD SB1035

Criminal procedure: fines, fees, and restitution.

MD HB1462

Criminal procedure; directing courts to prioritize orders of payments of restitution; effective date.

MD SB756

Restitution: noneconomic losses: child sexual abuse.

MD HB861

Criminal Procedure - Victim Compensation - Alterations

MD SB788

Criminal Procedure - Victim Compensation - Alterations

MD HB575

Criminal Procedure - Victim Compensation - Alterations (Victim Compensation Reform Act of 2024)

MD SB471

Criminal Procedure - Victim Compensation - Alterations (Victim Compensation Reform Act of 2024)

MD SB0324

Criminal procedures.

Similar Bills

AZ HB2466

Criminal restitution orders; interest

AZ SB1189

Criminal restitution orders; interest

CA AB1950

Task force: former Chavez Ravine property: eminent domain: compensation.

CA AB1186

Restitution fines.

CA AB662

Restitution: tracking.

MN HF3485

Crime victim restitution provisions modified.

CA AB1909

Criminal fines: collection.

CA SB1040

Insurance: restitution.