PARRIS N. GLENDENING, Governor

Ch. 623

(ii) 180 days after the death of the victim.

(2)     The Board may extend the time for filing up to 2 years after each
occurrence for good cause.

(3)     In cases of child abuse, a claim may be filed up to 2 years after the
occurrence was known or should have been known by the claimant.

(c) Claims shall be filed in the office of the [secretary of the] Board in person or
by mail. The [secretary] BOARD 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] THAT MEET THE REQUIREMENTS OF THIS ARTICLE AND
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 Baltimore 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 prosecution 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.]

8.

[(a) A claim, when accepted for filing, shall be assigned by the chairman to 3
members of the Board. All claims arising from the death of an individual as a direct result
of a crime shall be considered together by 3 Board members. The chairman may reassign
cases as necessary.

(b)     The Board members to whom the claim is assigned shall examine the papers
filed in support of the claim and shall thereupon cause an investigation to be conducted
into the validity of the claim. The investigation shall include, but not be limited to, an
examination of police, court and official records and reports concerning the crime and an
examination of medical and hospital reports relating to the injury upon which the claim is
based.

(c)     Claims shall be investigated and determined, regardless of whether the alleged
criminal has been apprehended or prosecuted for or convicted of any crime based upon
the same incident, or has been acquitted, or found not guilty of the crime in question
owing to criminal responsibility or other legal exemption.

(d)     The Board members to whom a claim is assigned may recommend a tentative
decision and advise the claimant of that recommendation. The claimant may request a
hearing before the Board members for the purpose of presenting additional information.
If the Board members are unable to decide the claim upon the basis of the said papers
and report, they shall order a hearing. At the hearing any relevant evidence, not legally
privileged, shall be admissible.

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