§ 11-810
454 words·~2 min read·
/md/criminal-procedure/11-810A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§11–810.
(a)The Board may make an award only if the Board finds that:
(1)a crime or delinquent act was committed; and
(2)the crime or delinquent act directly resulted in:
(i)physical injury to or death of the victim; or
(ii)psychological injury to the victim that necessitated mental health counseling.
(b)The Board shall accept as evidence:
(1)a report produced by a law enforcement agency;
(2)medical records documenting an injury consistent with the alleged crime;
(3)a sworn statement from a qualified third party;
(4)a peace order issued under Title 3, Subtitle 15 of the Courts Article;
(5)a protective order issued under Title 4, Subtitle 5 of the Family Law Article; and
(6)any other evidence the Board considers probative.
(c)Unless total dependency is established, family members, household members, and minors living with a legal guardian are considered to be partly dependent on a parent or a legal guardian with whom they reside without regard to actual earnings.
(d)The Board may make an award only if the claimant, as a result of the injury on which the claim is based, has:
(1)incurred at least $100 in unreimbursed and unreimbursable expenses or indebtedness reasonably incurred or claimed for:
(i)medical care, including the cost of medical supplies;
(ii)expenses for eyeglasses and other corrective lenses;
(iii)mental health counseling;
(iv)funeral expenses;
(v)repairing, replacing, or cleaning property;
(vi)disability or dependent claim, or any assistive technology related to a disability or dependent claim;
(vii)the costs of one–time relocation, including any security deposit;
(viii)child care expenses incurred as a result of seeking medical or psychological care;
(ix)transportation costs incurred by travel to seek medical or psychological care; or
(x)other necessary services; or
(2)lost at least $100 in earnings or support.
(e)A claimant filing for injuries incurred as the occupant of a motor vehicle or a dependent of an occupant of a motor vehicle operated in violation of § 21–902 of the Transportation Article may not receive an award unless the claimant proves that the occupant did not know or could not have known of the condition of the operator of the vehicle.
(1)A victim or dependent may not be denied compensation because the victim:
(i)is a relative of the offender; or
(ii)was living with the offender as a family member or household member at the time of the injury or death.
(2)If the Board can reasonably determine that the offender will not receive any economic benefit or undue enrichment from the compensation, the Board may award compensation to a victim or dependent who is a relative, family member, or household member of the offender.