Section 11-808 - Eligibility for awards. - Maryland Statutes

§ 11-808. Eligibility for awards.
 

(a)  In general.-  

(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. 

(b)  State residents as victims in other states.- 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. 

(c)  Who may file claim.-  

(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. 
 

[An. Code 1957, art. 27, §§ 819(a), (b)(1), (c), 820(a); 2001, ch. 10, § 2; ch. 483; 2005, ch. 128.]