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§ 11-808. Eligibility for awards

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2014

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 8. Criminal Injuries Compensation Board (Refs & Annos)
Effective: October 1, 2014
MD Code, Criminal Procedure, § 11-808
§ 11-808. Eligibility for awards
Persons who are victims or dependents of victims of crimes
(a)(1) Except as provided in paragraph (2) of this subsection, the following persons are eligible for awards in the manner provided under this subtitle:
(i) a victim;
(ii) a dependent of a victim who died as a direct result of:
1. a crime or delinquent act;
2. trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the victim's presence or trying to apprehend a person who had committed a crime or delinquent act in the victim's presence or had committed a felony or a delinquent act that would be considered a felony if committed by an adult; or
3. helping a law enforcement officer perform the officer's duties or helping a member of a fire department who is obstructed from performing the member's duties;
(iii) any person who paid or assumed responsibility for the funeral expenses of a victim who died as a direct result of:
1. a crime or delinquent act;
2. trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the victim's presence or trying to apprehend a person who had committed a crime or delinquent act in the victim's presence or had committed a felony; or
3. helping a law enforcement officer perform the officer's duties or helping a member of a fire department who is obstructed from performing the member's duties; and
(iv) 1. a parent, child, or spouse of a victim who resides with the victim; or
2. a parent, child, or spouse of an individual who is incarcerated for abuse as defined in § 4-501 of the Family Law Article and who, prior to incarceration:
A. resided with the parent, child, or spouse; and
B. provided financial support to the parent, child, or spouse.
(2) A person who commits the crime or delinquent act that is the basis of a claim, or an accomplice of the person, is not eligible to receive an award with respect to the claim.
Person a resident but victim of crime in other state
(b) A resident of the State is eligible for an award under this subtitle if the resident becomes a victim in another state other than this State that:
(1) does not operate a criminal injuries compensation program;
(2) operates a criminal injuries compensation program for which the victim is ineligible; or
(3) operates a criminal injuries compensation program for which money has not been appropriated or made available.
Filing of claim
(c)(1) A person eligible to receive an award under subsection (a) or (b) of this section may file a claim under this subtitle.
(2) If a person eligible to receive an award is under 18 years of age, the person's parent or guardian may file a claim under this subtitle.
(3) If a person eligible to receive an award is mentally incompetent, the person's guardian or other person authorized to administer the person's estate may file the claim on the person's behalf.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 483, § 1, eff. Oct. 1, 2001; Acts 2005, c. 128, § 1, eff. Oct. 1, 2005; Acts 2014, c. 200, § 1, eff. Oct. 1, 2014.
Formerly Art. 27, §§ 819, 820.
MD Code, Criminal Procedure, § 11-808, MD CRIM PROC § 11-808
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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