Section 11-613 - Stay of execution of sentence. - Maryland Statutes

§ 11-613. Stay of execution of sentence.
 

(a)  In general.- 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)  Delay on execution on judgment.- 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)  Requirements for execution.- 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)  Enforcement of judgment.- The judgment of restitution may be enforced in the same way that a monetary judgment is enforced. 
 

[An. Code 1957, art. 27, § 807(k); 2001, ch. 10, § 2; 2005, ch. 512.]