Stay of execution of sentence

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    (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.


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