I

HARRY HUGHES, Governor                                    1489

[(c) In the event there is no surviving spouse, children,
or designated beneficiary, payment shall be made to the estate.]

(D) A BENEFIT MAY NOT BE PAID UNDER THIS SECTION:

(D) THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES MAY AWARD A DEATH BENEFIT UNDER THIS SECTION UNDER ANY
OF THE FOLLOWING CIRCUMSTANCES PROVIDED THE DECISION IS MADE ON A
CASE-BY-CASE BASIS:

(1)  IF THE DECEDENT'S DEATH WAS CAUSED BY THE
DECEDENT'S INTENTIONAL MISCONDUCT;

(2)  IF THE DECEDENT INTENDED TO BRING ABOUT THE
DECEDENT'S DEATH; OR

(3)  IF THE DECEDENT'S VOLUNTARY INTOXICATION WAS THE
PROXIMATE CAUSE OF THE DECEDENT'S DEATH; OR .

(4) TO ANY PERSON WHOSE ACTIONS WERE A SUBSTANTIAL
CONTRIBUTING FACTOR TO THE DECEDENT'S DEATH.

(E)  UPON A DETERMINATION BY THE SECRETARY OF THE DEPARTMENT
OF PUBLIC SAFETY AND CORRECTIONAL SERVICES THAT THE BENEFIT
PROVIDED FOR IN THIS SECTION IS TO BE PAID, PAYMENT SHALL BE MADE
AS FOLLOWS:

(1)  TO A DESIGNATED BENEFICIARY;

(1) (2) IF THERE IS NO DESIGNATED BENEFICIARY, TO THE
SURVIVING SPOUSE;

(2) (3) IF THERE IS NO DESIGNATED BENEFICIARY AND IF
THERE IS NO SURVIVING SPOUSE, TO THE SURVIVING CHILD OR CHILDREN
OF THE DECEDENT IN EQUAL SHARES; OR

(3) (4) IF THERE IS NO DESIGNATED BENEFICIARY,
SURVIVING SPOUSE, OR CHILDREN, TO THE ESTATE.

(F) (1) ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE
SECRETARY UNDER THIS SECTION MAY APPLY FOR JUDICIAL REVIEW.

(2) THE APPEAL SHALL BE MADE AS PROVIDED FOR REVIEW
OF FINAL DECISIONS IN TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE OF THE CODE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall

take effect July 1, 1986.

Approved May 13, 1986.