Eligibility for awards

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    (a)    (1)    Except as provided in paragraph (2) of this subsection, the following persons are eligible for awards in the manner provided under this subtitle:

            (i)    a victim;

            (ii)    a dependent of a victim who died as a direct result of:

                1.    a crime or delinquent act;

                2.    trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the victim’s presence or trying to apprehend a person who had committed a crime or delinquent act in the victim’s presence or had committed a felony or a delinquent act that would be considered a felony if committed by an adult; or

                3.    helping a law enforcement officer perform the officer’s duties or helping a member of a fire department who is obstructed from performing the member’s duties;

            (iii)    any person who paid or assumed responsibility for the funeral expenses of a victim who died as a direct result of:

                1.    a crime or delinquent act;

                2.    trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the victim’s presence or trying to apprehend a person who had committed a crime or delinquent act in the victim’s presence or had committed a felony; or

                3.    helping a law enforcement officer perform the officer’s duties or helping a member of a fire department who is obstructed from performing the member’s duties; and

            (iv)    1.    a parent, child, or spouse of a victim who resides with the victim; or

                2.    a parent, child, or spouse of an individual who is incarcerated for abuse as defined in § 4-501 of the Family Law Article and who, prior to incarceration:

                A.    resided with the parent, child, or spouse; and

                B.    provided financial support to the parent, child, or spouse.

        (2)    A person who commits the crime or delinquent act that is the basis of a claim, or an accomplice of the person, is not eligible to receive an award with respect to the claim.

    (b)    A resident of the State is eligible for an award under this subtitle if the resident becomes a victim in another state other than this State that:

        (1)    does not operate a criminal injuries compensation program;

        (2)    operates a criminal injuries compensation program for which the victim is ineligible; or

        (3)    operates a criminal injuries compensation program for which money has not been appropriated or made available.

    (c)    (1)    A person eligible to receive an award under subsection (a) or (b) of this section may file a claim under this subtitle.

        (2)    If a person eligible to receive an award is under 18 years of age, the person’s parent or guardian may file a claim under this subtitle.

        (3)    If a person eligible to receive an award is mentally incompetent, the person’s guardian or other person authorized to administer the person’s estate may file the claim on the person’s behalf.


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