§ 11-808

Md. Code, Criminal Procedure § 11-808, under Article — Criminal Procedure.

Md. Code, Criminal Procedure § 11-808

(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

3. helping a law enforcement officer perform the officer’s duties or helping a member of a fire department or an agency that provides emergency medical services 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

3. helping a law enforcement officer perform the officer’s duties or helping a member of a fire department or an agency that provides emergency medical services who is obstructed from performing the member’s duties; and

(iv) 1. a parent, child, domestic partner, dependent minor, adult under legal guardianship, or spouse of a victim who resides with the victim; or

2. a parent, child, domestic partner, dependent minor, adult under legal guardianship, 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, domestic partner, dependent minor, adult under their legal guardianship, or spouse; and

B. provided financial support to the parent, child, domestic partner, dependent minor, adult under the individual’s legal guardianship, 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) 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) (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.