|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
Ch. 601
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(b) A principal or accomplice to the act upon which the claim is based or a
member of the family of [such a] THE person is not eligible to receive an award with
respect to [such a] THE claim.
[2A-4.] 2-204. [Same; claims.] CLAIMS.
(a) A claim may be filed by a person eligible to receive an award, as provided
in [Section 2A-3] § 2-203 of this subtitle. In any case in which the person entitled to
make a claim is a minor or mentally incompetent, the claim may be filed on the
victim's behalf by [his] THE VICTIM'S parent or guardian.
(b) A claim must be filed by the claimant not later than 90 days after a finding
of delinquency in a matter upon which the claim is based.
(c) Claims shall be filed with the Clerk of the Carroll County Circuit Court in
person or by mail. The Clerk shall accept for filing all claims submitted by persons
eligible under subsection (a) of this section and meeting the requirement as to form as
may be established by rules adopted [pursuant hereto] ACCORDING TO THIS
SECTION.
(d) Upon filing of a claim pursuant to this [Article] SUBTITLE, the Clerk of
the Court shall promptly notify the State's Attorney. The Court shall defer all action
on the claim until the juvenile proceedings concerning the act giving rise to the claim
have been concluded.
[2A-5.] 2-205. [Same; recovery.] RECOVERY.
(a) The Court may award a claimant a sum equal to the amount determined
by the Court to be restitution for the victim's injury.
(b) An award may not be made on a claim unless the claimant has incurred a
minimum out-of-pocket loss of $25. Out-of-pocket loss means unreimbursable
expenses or indebtedness reasonably incurred to make the claimant whole.
(c) If the victim died as a result of the delinquent act, the claimant's recovery
is limited to unreimbursable expenses or indebtedness reasonably incurred for
medical care and funeral and burial costs.
(d) An award may not exceed $2,500.
(e) The custodian of the fund shall pay the sum awarded to a claimant at the
direction of the Court.
[2A-6.] 2-206. [Same; subrogation of fund.] SUBROGATION OF FUND.
Acceptance of an award made pursuant to this [Article] SUBTITLE shall
subrogate the fund, to the extent of [such] THE award, to any right or right of action
occurring to the claimant or the victim to recover payments on account of losses
resulting from any act or occurrence with respect to which the award is made. [The]
IN THIS CASE, THE County Attorney shall represent the fund [in such an event].
|
|
|
|
|
|
|
|
|
|
- 3113 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
