(3) A person is not eligible for all or a portion of an award if the person
initiated, consented to, provoked, or unreasonably failed to avoid a physical
confrontation with the offender, or the victim was participating in a criminal offense
at the time the injury was inflicted.

(f) (1) (I) If the Board finds that the claimant will not suffer serious
financial hardship, as a result of the loss of earnings or support and the out-of-pocket
expenses incurred as a result of the injury, if not granted financial assistance
pursuant to this article to meet the loss of earnings, support, or out-of-pocket
expenses, the Board shall deny an award.

(II) In determining the serious financial hardship, the Board shall
consider all of the financial resources of the claimant.

(III) Unless total dependency is established, a family is considered to
be partially dependent on a parent with whom they reside without regard to actual
earnings.

(2) The conditions of paragraph (1) of this subsection do not apply in
determining an award under § 819(a)(4), (5), and (6) of this subheading.

(3) THE BOARD MAY NOT FIND THAT A CLAIMANT FAILS TO SUFFER
SERIOUS FINANCIAL HARDSHIP BECAUSE A CLAIMANT IS INDIGENT OR JUDGMENT
PROOF.

SECTION 2. AND BE IT FURTHER ENACTED, That the Department of Public
Safety and Correctional Services shall report to the General Assembly on or before
November 1, 1999, in accordance with § 2-1246 of the State Government Article, on
the results of a study to:

(1) Identify and examine alternate models for determining the financial
eligibility of criminal injuries compensation claimants;

(2) Determine whether other reasonable expenses incurred by victims
and their families should be compensated, including mental health counseling for
family and household members;

(2) (3) Project the effect of the models and any other changes on the
long-term stability and strength of the Criminal Injuries Compensation Fund; and

(3) (4) Recommend a model to replace the current serious financial
hardship standard.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.