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PARRIS N. GLENDENING, Governor S.B. 484
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3-1603.
A INSTEAD OF BRINGING A WRONGFUL DEATH ACTION UNDER SUBTITLE 9 OF
THIS TITLE AGAINST A PERSON DESCRIBED IN § 3-1602 OF THIS SUBTITLE, A CIVIL
ACTION FOR DAMAGES FOR THE DEATH OF AN INDIVIDUAL CAUSED BY THE
INDIVIDUAL'S USE OF A CONTROLLED DANGEROUS SUBSTANCE MAY BE BROUGHT
UNDER THIS SUBTITLE BY ANYONE WHO IS INJURED FROM THE USE OF A
CONTROLLED DANGEROUS SUBSTANCE BY AN INDIVIDUAL, INCLUDING:
(1) A PARENT, LEGAL GUARDIAN, CHILD, SPOUSE, OR SIBLING OF THE
INDIVIDUAL USER OF THE CONTROLLED DANGEROUS SUBSTANCE;
(2) AN INDIVIDUAL WHO WAS EXPOSED TO A CONTROLLED DANGEROUS
SUBSTANCE IN UTERO;
(3) AN EMPLOYER OF AN INDIVIDUAL USER OF A CONTROLLED
DANGEROUS SUBSTANCE;
(4) A MEDICAL FACILITY, INSURER, GOVERNMENTAL UNIT, EMPLOYER,
OR OTHER ENTITY THAT FUNDS A DRUG TREATMENT PROGRAM OR EMPLOYEE
ASSISTANCE PROGRAM FOR THE INDIVIDUAL USER OF A CONTROLLED DANGEROUS
SUBSTANCE OR THAT OTHERWISE SPENT MONEY ON BEHALF OF THE INDIVIDUAL
USER OF A CONTROLLED DANGEROUS SUBSTANCE; AND
(5) THE INDIVIDUAL USER OF THE CONTROLLED DANGEROUS
SUBSTANCE, IF:
(I) THE INDIVIDUAL PERSONALLY DISCLOSED TO LAW
ENFORCEMENT OFFICERS MORE THAN 6 MONTHS BEFORE FILING THE ACTION ALL
THE INFORMATION KNOWN TO THE INDIVIDUAL REGARDING THE SOURCE OF THE
CONTROLLED DANGEROUS SUBSTANCE;
(II) THE INDIVIDUAL DID NOT USE A CONTROLLED DANGEROUS
SUBSTANCE WITHIN THE 6 MONTHS BEFORE FILING THE ACTION; AND
(III) THE INDIVIDUAL REMAINS FREE OF THE USE OF A
CONTROLLED DANGEROUS SUBSTANCE THROUGHOUT THE PENDENCY OF THE
ACTION.
3-1604.
A PERSON ENTITLED TO BRING A CIVIL ACTION UNDER THIS SUBTITLE MAY
SEEK DAMAGES FROM A DEFENDANT WHO MANUFACTURED, DISTRIBUTED,
DISPENSED, OR BROUGHT INTO OR TRANSPORTED IN THE STATE:
(1) THE CONTROLLED DANGEROUS SUBSTANCE THAT WAS ACTUALLY
USED BY THE INDIVIDUAL USER; OR
(2) A CONTROLLED DANGEROUS SUBSTANCE OF THE SAME TYPE THAT
WAS USED BY THE INDIVIDUAL USER, IF THE DEFENDANT'S ACTION OCCURRED AT
THE SAME TIME AND IN THE SAME COUNTY IN WHICH THE USE OCCURRED
DESCRIBED IN § 3-1602 OF THIS SUBTITLE IF THE CONTROLLED DANGEROUS
SUBSTANCE MANUFACTURED, DISTRIBUTED, DISPENSED, BROUGHT INTO, OR
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- 3907 -
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