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Session Laws, 1996
Volume 794, Page 3362   View pdf image
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Ch. 585

1996 LAWS OF MARYLAND

(5)     A surviving spouse or child of any person who dies as a direct result of
trying to prevent a crime or an attempted crime from occurring in [his] THE PERSON'S
presence or trying to apprehend a person who had committed a crime in [his] THE
PERSON'S presence or had, in fact, committed a felony;

(6)     Any other person dependent for [his] principal support upon any
person who dies as a direct result of trying to prevent a crime or an attempted crime from
occurring in [his] THE PERSON'S presence or trying to apprehend a person who had
committed a crime in [his] THE PERSON'S presence or had, in fact, committed a felony;

(7)     Any person who is injured or killed while giving aid and assistance to a
law-enforcement officer in the performance of [his] THE OFFICER'S lawful duties or to
a member of a fire department who is being obstructed from performing [his] THE
OFFICER'S lawful duties; and

(8)     Any person who paid or assumed responsibility for the funeral expenses
of a victim who died as a result of a crime or an eligible person who is killed as a direct
result under paragraphs (4) and (7) of this subsection.

(b)     (1) Except as provided in paragraph (2) of this subsection, a person who is
criminally responsible for the crime upon which a claim is based or an accomplice of
[such] THAT person shall not be eligible to receive an award with respect to [such] THE
claim.

(2)     A victim or dependent may not be denied compensation solely because
the victim:

(i) Is a relative of the offender; or

(ii) Was living with the offender as a family member or household
member at the time of the injury or death.

(3)     If the Board can reasonably determine that the offender will not receive
any economic benefit or undue enrichment from the compensation, the Board may award
compensation to a victim or a dependent who is a relative, family member, or household
member of the offender.

(c)     Any resident of the State is eligible for an award if the resident:

(1)     Meets the requirements of this [article] SUBHEADING; or

(2)     Becomes a victim of a crime in a state other than Maryland that:

(i) Does not operate a criminal injuries compensation program; or

(ii) Operates a criminal injuries compensation program for which the
victim is ineligible.

DRAFTER'S NOTE: This section is transferred from Art. 26A, § 5 of the Code.

In subsections (a) and (c)(1) of this section, the references to "subheading" is
substituted for the former overly broad references to "article" for accuracy.

The only other changes are in style.

- 3362 -

 

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Session Laws, 1996
Volume 794, Page 3362   View pdf image
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