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Session Laws, 1968
Volume 683, Page 806   View pdf image
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806                              LAWS OF MARYLAND                       CH. 455

OCCURRING IN HIS PRESENCE OR TRYING TO APPRE-
HEND A PERSON WHO HAD COMMITTED A CRIME IN
HIS PRESENCE OR HAD, IN FACT, COMMITTED A FEL-
ONY.

(6) ANY OTHER PERSON DEPENDENT FOR HIS PRIN-
CIPAL SUPPORT UPON ANY PERSON WHO DIES AS A
DIRECT RESULT OF TRYING TO PREVENT A CRIME OR
AN ATTEMPTED CRIME FROM OCCURRING IN HIS PRES-
ENCE OR TRYING TO APPREHEND A PERSON WHO HAD
COMMITTED A CRIME IN HIS PRESENCE OR HAD, IN
FACT, COMMITTED A FELONY.

(b) A person who is criminally responsible for the crime upon
which a claim is based or an accomplice of such person or a member
of the family of such persons shall not be eligible to receive an award
with respect to such claim.

6.    Filing of claims.

(a)    A claim may be filed by a person eligible to receive an
award, as provided in Section 5 of this Article, or if such person
is a minor, by his parent or guardian. In any case in which the
person entitled to make a claim is mentally incompetent, the claim
may be filed on his behalf by his guardian or such other individual
authorized to administer his estate.

(b)    A claim must be filed by the claimant not later than ninety
days after the occurrence of the crime upon which such claim is
based, or not later than ninety days after the death of the victim,
provided, however, that upon good cause shown, the Board may ex-
tend that time for filing for a period not exceeding one year after
such occurrence.

(c)    Claims shall be filed in the office of the secretary of the
Board in person or by mail. The secretary shall accept for filing all
claims submitted by persons eligible under subsection (a) of this
Section and alleging the jurisdictional requirements set forth in
this Article and meeting the requirements as to form in the rules
and regulations of the Board.

(d)     Upon filing of a claim pursuant to this Article, the Board
shall promptly notify the State's Attorney of the county, or Balti-
more City, as the case may be, wherein the crime is alleged to
have occurred. If, within ten days after such notification, the
State's Attorney so notified advises the Board that a criminal pros-
ecution is pending upon the same alleged crime, the Board shall
defer all proceedings under this Article until such time as such
criminal prosecution has been concluded and shall so notify such
State's Attorney and the claimant. When such criminal prosecution
has been concluded, the State's Attorney shall promptly so notify
the Board. Nothing in this Section shall limit the authority of the
Board to grant emergency awards as hereinafter provided.

7.    Minimum allowable claim.

No award shall be made on a claim unless the claimant has in-
curred a minimum out-of-pocket loss of one hundred dollars or has
lost at least two continuous weeks' earnings or support. Out-of-
pocket loss shall mean reimbursed and unreimbursable expenses


 

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Session Laws, 1968
Volume 683, Page 806   View pdf image
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