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2007 Laws of Maryland
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Ch. 203
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(e) (1) The Secretary of State shall issue a State flag to the family of a
firefighter, policeman, member of the military, or sworn member of the office of State
Fire Marshal who is killed in the performance of duty.
(2) (i) Except when the deceased is a member of the military, the
flag shall be presented to the family of the deceased by the State Senator of the
legislative district in which the deceased resided or served.
(ii) When the deceased is a member of the military, the flag
shall be presented to the family of the deceased by the Department of Veterans
Affairs.
(f) On a case-by-case basis, the Secretary of Public Safety and Correctional
Services may award a death benefit under this section if:
(1) the decedent's death was caused by the decedent's intentional
misconduct;
(2) the decedent intended to bring about the decedent's death; or
(3) the decedent's voluntary intoxication was the proximate cause of
the decedent's death.
(g) If the Secretary of Public Safety and Correctional Services determines
that the benefits under this section are to be paid, the benefits shall be paid:
(1) to the decedent's surviving spouse;
(2) if no individual is eligible under item (1) of this subsection, to each
surviving child of the decedent in equal shares;
(3) (i) for a death benefit under subsection (b) of this section, if no
individual is eligible under item (1) or (2) of this subsection, to the decedent's
surviving parent, if the parent was a dependent as defined in § 152 of the Internal
Revenue Code; or
(ii) for any other benefit under this section, if no individual is
eligible under item (1) or (2) of this subsection, to the decedent's surviving parent; or
(4) if no individual is eligible under item (1), (2), or (3) of this
subsection, to the decedent's estate.
(h) Payments under this section shall be made out of money that the
Governor includes for that purpose in the State budget.
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- 1496 -
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