reglab/housing_qa huggingface dataset:
MD. Criminal Procedure Code Ann. §  11-108 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-108 - Elements of Conviction

    For the purposes of Part II of this subtitle, a person is convicted when in a criminal proceeding the person:         (1)    is found guilty; or        (2)    enters a plea of guilty or nolo contendere and the plea is accepted by the court.
MD. Criminal Procedure Code Ann. §  11-109 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-109 - Elements of Exposure

    (a)    In this section, “body fluids” has the meaning stated in § 18–338.1 of the Health – General Article.    (b)    Exposure to HIV or hepatitis C between a victim and a person charged with a prohibited exposure occurs:        (1)    by percutaneous or mucocutaneous contact with blood or body fluids;        (2)    by contact for a prolonged period with blood or body fluids of an open wound, including dermatitis, exudative lesions, and chapped skin;        (3)    by intact skin contact for a prolonged period with large amounts of blood or body fluids; or        (4)    under any other condition or circumstance under which a person may be exposed to HIV or hepatitis C.
MD. Criminal Procedure Code Ann. §  11-110 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-110 - Hiv or Hepatitis C Testing of Charged Person

    In addition to testing allowed under § 11–112 of this subtitle, the court may order a person charged with a prohibited exposure to give a blood sample to be tested for the presence of HIV or hepatitis C if:        (1)    the person is charged with a prohibited exposure within 1 year after the prohibited exposure occurred;        (2)    a victim or victim’s representative requests the testing in writing to the State’s Attorney in the county where the prohibited exposure occurred; and        (3)    the court finds probable cause to believe that a prohibited exposure occurred.
MD. Criminal Procedure Code Ann. §  11-110.1 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-110.1 - Emergency Order for Hiv Testing

    (a)    In this section, “health care provider” has the meaning stated in § 18–336 of the Health – General Article.    (b)    (1)    A circuit court judge or a District Court judge may issue an emergency order to obtain an oral swab from a person to be tested for the presence of HIV whenever it is made to appear to a judge, by application as described in paragraph (2) of this subsection, that there is probable cause to believe that the person has caused prohibited exposure to a victim.        (2)    An application for an emergency order shall be:            (i)    made as soon as possible after the alleged prohibited exposure, and in no event later than 72 hours after the alleged prohibited exposure;            (ii)    in writing, signed and sworn to by the applicant, and accompanied by an affidavit that sets forth the basis to believe that the person from whom an oral swab is requested has caused a prohibited exposure to a victim;            (iii)    sealed; and            (iv)    subject to rules developed by the Court of Appeals.        (3)    An emergency order issued under this subsection shall meet the requirements under § 1–203 of this article.        (4)    The Court of Appeals may adopt rules to carry out the requirements of this subsection.    (c)    (1)    A law enforcement officer who has obtained an oral swab from a person pursuant to an emergency order issued in accordance with this section shall deliver the oral swab to a local health official or health care provider to be tested for the presence of HIV.        (2)    A test for the presence of HIV shall be immediately performed on the sample.    (d)    After receiving the results of a test conducted under subsection (c) of this section, the local health officer or health care provider immediately shall provide the results to:        (1)    the victim or victim’s representative; and        (2)    the person from whom the oral swab was taken.    (e)    The results of a test conducted under subsection (c) of this section are:        (1)    subject to the disclosure restriction in § 11–114 of this subtitle; and        (2)    not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.    (f)    The Maryland Department of Health shall adopt regulations to carry out the requirements of subsections (c) through (g) of this section.    (g)    A health care provider that offers the immediate testing of a sample under subsection (c) of this section shall adopt procedures to meet the requirements under this section.
MD. Criminal Procedure Code Ann. §  11-111 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-111 - Hearing

    (a)    (1)    Before ordering a test under § 11-110 of this subtitle and subject to the provisions of subsection (d) of this section, the court shall hold a hearing at which both the victim or victim’s representative and the person charged with a prohibited exposure have the right to be present.        (2)    The victim or victim’s representative and the person charged with a prohibited exposure shall be notified of:            (i)    the date, time, and location of the hearing; and            (ii)    their right to be present at the hearing.    (b)    During the hearing, a court may admit into evidence only affidavits, counter-affidavits, and medical records that:        (1)    relate to the material facts of the case; and        (2)    support or rebut a finding of probable cause to issue a court order.    (c)    The written request of the victim or victim’s representative shall be filed by the State’s Attorney with the court and sealed by the court.    (d)    Except for good cause, the court shall:        (1)    hold the hearing within 30 days of the State’s Attorney’s presentment of the victim’s written request to the court; and        (2)    issue an order granting or denying the request within 3 days of the conclusion of the hearing.
MD. Criminal Procedure Code Ann. §  11-112 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-112 - Hiv or Hepatitis C Testing After Conviction, Probation Before Judgment, or Adjudication

    (a)    Within 10 days of a written request of a victim or victim’s representative to the State’s Attorney in the county where a prohibited exposure occurred, the court shall order a test of a blood sample for HIV and any other identified causative agent of AIDS or hepatitis C.    (b)    The blood sample shall be given by:        (1)    a person who has been convicted of a crime that includes a prohibited exposure;        (2)    a person who has been granted probation before judgment under § 6-220 of this article in a case involving a prohibited exposure; or        (3)    a child respondent who has been found to have committed a delinquent act that includes a prohibited exposure.    (c)    The written request shall be filed by the State’s Attorney with the court and sealed by the court.
MD. Criminal Procedure Code Ann. §  11-113 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-113 - Notification

    (a)    (1)    After conviction or a finding of a prohibited exposure, a finding of probable cause under § 11–110(3) of this subtitle, or a granting of probation before judgment under § 11–112 of this subtitle, the State’s Attorney shall within 3 days notify the local health officer of the written request by the victim or victim’s representative for testing.        (2)    On receipt of a court order for testing issued under § 11–110(3) or § 11–112 of this subtitle, the local health officer or the local health officer’s designee from any other governmental unit shall:            (i)    collect the blood sample within 7 days from the person who is charged with, convicted of, or found to have committed a prohibited exposure;            (ii)    test the blood sample; and            (iii)    if the test is conducted for the presence of HIV, give pretest and posttest counseling to the victim or victim’s representative and the person subject to testing in accordance with Title 18, Subtitle 3, Part VI of the Health – General Article.    (b)    (1)    After receiving the results of a test conducted under subsection (a) of this section, the local health officer shall promptly send notice of the test results to:            (i)    the victim or victim’s representative; and            (ii)    the person charged with, convicted of, or found to have committed a prohibited exposure.        (2)    The local health officer may not disclose positive test results to a victim or victim’s representative or a person charged with, convicted of, or found to have committed a prohibited exposure without also giving, offering, or arranging for appropriate counseling to:            (i)    the victim or victim’s representative; and            (ii)    the person.    (c)    The following shall notify a victim of prohibited exposure or the victim’s representative of the provisions of Part II of this subtitle:        (1)    a sexual assault crisis program established under § 11–923 of this title when a victim or victim’s representative contacts the program;        (2)    an intake officer who receives a complaint for the alleged prohibited exposure under § 3–8A–10 of the Courts Article; or        (3)    on the filing of a charging document or delinquency petition for the alleged prohibited exposure:            (i)    the Department of State Police;            (ii)    the Police Department of Baltimore City;            (iii)    the police unit of a county;            (iv)    the police unit of a municipal corporation;            (v)    the office of the sheriff of a county;            (vi)    the office of the State’s Attorney of a county;            (vii)    the Office of the Attorney General;            (viii)    the Office of the State Prosecutor;            (ix)    the Department of Juvenile Services; or            (x)    the police unit of a bicounty unit or the University System of Maryland.
MD. Criminal Procedure Code Ann. §  11-114 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-114 - Disclosure of Test Results

    (a)    A victim or victim’s representative who receives notification under § 11-113(b) of this subtitle may disclose the results of the test to another person to protect the health and safety of, or to seek compensation for, the victim, the victim’s sexual partner, or the victim’s family.    (b)    (1)    Except as otherwise provided in Part II of this subtitle, a person who receives notification or disclosure of the results of the test under subsection (a) of this section may not knowingly disclose the results of that test.        (2)    A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $5,000 or both.
MD. Criminal Procedure Code Ann. §  11-115 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-115 - Test Results Not Admissible as Evidence

    The results of a test held under Part II of this subtitle are not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.
MD. Criminal Procedure Code Ann. §  11-116 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-116 - Immunity for State Employees and Agents

    An agent or employee of the Maryland Department of Health or any other State employee who complies with Part II of this subtitle has the immunity from liability described under § 5–522 of the Courts Article for actions taken in accordance with Part II of this subtitle.
MD. Criminal Procedure Code Ann. §  11-117 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 1 - General Provisions|Part II - Right to Hiv and Hepatitis C Testing|Section 11-117 - Regulations

    The Maryland Department of Health shall adopt regulations to carry out Part II of this subtitle, including regulations on:        (1)    the confidentiality of HIV or hepatitis C test results; and        (2)    giving the victim or victim’s representative counseling regarding HIV or hepatitis C, HIV or hepatitis C testing, and referral for appropriate health care and support services.
MD. Criminal Procedure Code Ann. §  11-601 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 6 - Restitution and Other Payments|Part I - Restitution|Section 11-601 - Defined Terms

    (a)    In Part I of this subtitle the following words have the meanings indicated.    (b)    “Central Collection Unit” means the Central Collection Unit in the Department of Budget and Management.    (c)    “Child” means a person under the age of 18 years.    (d)    (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)    § 8A–1 of the Code of Public Local Laws of Talbot County; or            (iv)    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.    (e)    “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.    (f)    “Division” means the Division of Parole and Probation.    (g)    “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.    (h)    “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.    (i)    “Restitution obligor” means a defendant, child respondent, or liable parent against whom a judgment of restitution has been entered.    (j)    “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.
MD. Criminal Procedure Code Ann. §  11-602 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 6 - Restitution and Other Payments|Part I - Restitution|Section 11-602 - Persons Who May Act on Behalf of Victim

    On conviction, the finding of a delinquent act, acceptance of a plea of nolo contendere, or imposition of probation before judgment for a crime under § 10-404 of the Criminal Law Article, the following persons may act on behalf of a victim:         (1)    the owner of the burial site; and        (2)    a person related by blood or marriage to the person buried in the burial site.
MD. Criminal Procedure Code Ann. §  11-603 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 6 - Restitution and Other Payments|Part I - Restitution|Section 11-603 - Restitution Determination

    (a)    A court may enter a judgment of restitution that orders a defendant or child respondent to make restitution in addition to any other penalty for the commission of a crime or delinquent act, if:        (1)    as a direct result of the crime or delinquent act, property of the victim was stolen, damaged, destroyed, converted, or unlawfully obtained, or its value substantially decreased;        (2)    as a direct result of the crime or delinquent act, the victim suffered:            (i)    actual medical, dental, hospital, counseling, funeral, or burial expenses or losses;            (ii)    direct out–of–pocket loss;            (iii)    loss of earnings; or            (iv)    expenses incurred with rehabilitation;        (3)    the victim incurred medical expenses that were paid by the Maryland Department of Health or any other governmental unit;        (4)    a governmental unit incurred expenses in removing, towing, transporting, preserving, storing, selling, or destroying an abandoned vehicle as defined in § 25–201 of the Transportation Article;        (5)    the Criminal Injuries Compensation Board paid benefits to a victim; or        (6)    the Maryland Department of Health or other governmental unit paid expenses incurred under Subtitle 1, Part II of this title.    (b)    A victim is presumed to have a right to restitution under subsection (a) of this section if:        (1)    the victim or the State requests restitution; and        (2)    the court is presented with competent evidence of any item listed in subsection (a) of this section.    (c)    (1)    A judgment of restitution does not preclude the property owner or the victim who suffered personal physical or mental injury, out–of–pocket loss of earnings, or support from bringing a civil action to recover damages from the restitution obligor.        (2)    A civil verdict shall be reduced by the amount paid under the criminal judgment of restitution.    (d)    In making a disposition on a finding that a child at least 13 years old has committed an act of graffiti under § 6–301(d) of the Criminal Law Article, the court shall order the child to perform community service or pay restitution or both.
MD. Criminal Procedure Code Ann. §  11-604 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 6 - Restitution and Other Payments|Part I - Restitution|Section 11-604 - Payers of Restitution

    (a)    Subject to subsection (b) of this section and notwithstanding any other law, if a child is the defendant or child respondent, the court may order the child, the child’s parent, or both to pay restitution.    (b)    A judgment of restitution for $10,000 issued under Part I of this subtitle is the absolute limit for each child’s acts arising out of a single incident.    (c)    (1)    A court may not enter a judgment of restitution against a parent under Part I of this subtitle unless the parent has been afforded a reasonable opportunity to be heard and to present evidence.        (2)    A hearing under this subsection may be held as part of the sentencing or disposition hearing.
MD. Criminal Procedure Code Ann. §  11-605 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 6 - Restitution and Other Payments|Part I - Restitution|Section 11-605 - When Restitution Need Not Be Ordered

    (a)    A court need not issue a judgment of restitution under Part I of this subtitle if the court finds:        (1)    that the restitution obligor does not have the ability to pay the judgment of restitution; or        (2)    that there are extenuating circumstances that make a judgment of restitution inappropriate.    (b)    A court that refuses to order restitution that is requested under Part I of this subtitle shall state on the record the reasons.
MD. Criminal Procedure Code Ann. §  11-606 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 6 - Restitution and Other Payments|Part I - Restitution|Section 11-606 - Payment of Restitution

    (a)    The court may order that restitution be paid to:        (1)    the victim;        (2)    the Maryland Department of Health, the Criminal Injuries Compensation Board, or any other governmental unit;        (3)    a third–party payor, including:            (i)    an insurer; or            (ii)    any other person that has, under Part I of this subtitle:                1.    compensated the victim for a property or pecuniary loss; or                2.    paid an expense on behalf of a victim;        (4)    any person for whom restitution is authorized by law; or        (5)    a person who has provided to or for a victim goods, property, or services for which restitution is authorized under § 11–603 of this subtitle.    (b)    (1)    Subject to paragraph (2) of this subsection and § 11–617(b) of this subtitle, payment of restitution to the victim has priority over any payments to any other person or governmental unit.        (2)    If the victim has been fully compensated for the victim’s loss by a third–party payor, the court may issue a judgment of restitution that directs the restitution obligor to pay restitution to the third–party payor.
MD. Criminal Procedure Code Ann. §  11-607 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 11 - Victims and Witnesses|Subtitle 6 - Restitution and Other Payments|Part I - Restitution|Section 11-607 - Compliance With Restitution Judgment

    (a)    (1)    When a judgment of restitution has been entered under § 11–603 of this subtitle, compliance with the judgment of restitution:            (i)    may be a requirement in the judgment of conviction or disposition in a juvenile delinquency proceeding;            (ii)    if work release is ordered or allowed, shall be a condition of work release; and            (iii)    if probation is ordered, shall be a condition of probation:                1.    in addition to a sentence or disposition; or                2.    instead of a sentence if the probation is ordered before judgment under § 6–220 of this article.        (2)    Subject to federal law, the Department or the Department of Juvenile Services shall obtain the Social Security number of the restitution obligor to facilitate the collection of restitution.    (b)    (1)    The restitution obligor shall make restitution to the Department or the Department of Juvenile Services under the terms and conditions of the judgment of restitution.        (2)    The Department or the Department of Juvenile Services:            (i)    shall keep records of payments or return of property in satisfaction of the judgment of restitution;            (ii)    shall forward property or payments in accordance with the judgment of restitution and Part I of this subtitle to the person or governmental unit specified in the judgment of restitution; and            (iii)    may require the restitution obligor to pay additional fees not exceeding 2% of the amount of the judgment of restitution to pay for the administrative costs of collecting payments or property.    (c)    (1)    Whenever an obligor’s restitution payment, as ordered by the court or established by the Department, is overdue, the Department or the Department of Juvenile Services shall:            (i)    notify the court; and            (ii)    if an earnings withholding order is not in effect and the restitution obligor is employed, request an earnings withholding order.        (2)    The court may hold a hearing to determine whether the restitution obligor is in contempt of court or has violated the terms of the probation.        (3)    If the court finds that the restitution obligor intentionally became impoverished to avoid payment of the restitution, the court may find the restitution obligor in contempt of court or in violation of probation.