Section 11-601 - Defined terms.
§ 11-601. Defined terms.
(a) In general.- In Part I of this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 805A(a).
The former qualification "unless the context of their use indicates otherwise" is deleted as an unnecessary statement of a standard rule of statutory construction that applies to all definitions.
(b) Central Collection Unit.- "Central Collection Unit" means the Central Collection Unit in the Department of Budget and Management.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 810(a).
(c) Child.- "Child" means a person under the age of 18 years.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 805A(c).
(d) Crime.-
(1) "Crime" means an act committed by a person in the State that is a crime under:
(i) common law;
(ii) § 109 of the Code of Public Local Laws of Caroline County;
(iii) § 4-103 of the Code of Public Local Laws of Carroll County;
(iv) § 8A-1 of the Code of Public Local Laws of Talbot County; or
(v) except as provided in paragraph (2) of this subsection, the Annotated Code.
(2) "Crime" does not include a violation of the Transportation Article that is not punishable by a term of confinement.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 805A(e), except as it related to delinquent acts.
In item (1)(iii) of this subsection, the phrase "in this article" is added to reflect that some provisions that formerly were in Article 27 are revised in this article.
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that the definition of "crime" in this subsection is cumbersome and too narrow. Some serious prohibited acts do not fall under the definition of crime in this subsection because they appear elsewhere in the Code. Child abduction by a relative, for example, appears at FL § 9-304. The General Assembly may wish to substantively revise the definition of "crime".
Former Art. 27, § 805A(e)(2), which related to delinquent acts, is deleted as unnecessary in light of this subsection.
Defined Terms.
"Person" § 1-101
(e) Defendant.- "Defendant" means a person:
(1) who has received probation before judgment;
(2) who has been found guilty of a crime, even if the defendant has been found not criminally responsible; or
(3) whose plea of nolo contendere to a crime has been accepted by the court.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 805A(f), except as it related to delinquent acts.
Defined Terms.
"Crime" § 11-601
"Nolo contendere" § 1-101
(f) Division.- "Division" means the Division of Parole and Probation.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 805A(g).
(g) Judgment of restitution.- "Judgment of restitution" means a direct order for payment of restitution or an order for payment of restitution that is a condition of probation in an order of probation.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 805A(i).
(h) Liable parent.- "Liable parent" means a parent:
(1) whose child has committed a crime or delinquent act; and
(2) who has been ordered to pay restitution under § 11-604 of this subtitle.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 805A(j).
In item (1) of this subsection, the defined term "delinquent act" is added for clarity. See General Revisor's Note to this title.
Defined Terms.
"Child" § 11-601
"Delinquent act" § 11-101
(i) Restitution obligor.- "Restitution obligor" means a defendant, child respondent, or liable parent against whom a judgment of restitution has been entered.
Revisor's Note.
This subsection is new language added to avoid repetition of the phrase "defendant, child respondent, or liable parent".
Defined Terms.
"Child respondent" § 11-101
"Defendant" § 11-601
"Liable parent" § 11-601
(j) Victim.- "Victim" means:
(1) a person who suffers death, personal injury, or property damage or loss as a direct result of a crime or delinquent act; or
(2) if the person is deceased, the personal representative of the estate of the person.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 805A(l)(1).
Item (2) of this subsection states expressly what was only implied in the former law, a personal representative of the estate of a deceased person acts in the place of the person.
As for the addition of the defined term "delinquent act" to the defined term "crime", see General Revisor's Note to this title.
Defined Terms.
"Crime" § 11-601
"Delinquent act" § 11-101
"Person" § 1-101
[An. Code 1957, art. 27, §§ 805A(a), (c), (e)(1), (3), (f)(1), (3), (4), (g), (i), (j), (l)(1), 810(a); 2001, ch. 10, § 2; 2002, ch. 19, §§ 1, 9; ch. 213, § 6; 2003, chs. 17, 322; 2005, ch. 512.]