(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 27, § 815(a).
The only changes are in style.
(b) Board.- "Board" means the Criminal Injuries Compensation Board.
Revisor's Note.
This subsection formerly was Art. 27, § 815(b).
No changes are made.
(c) Claimant.- "Claimant" means the person filing a claim under this subtitle.
Revisor's Note.
This subsection formerly was Art. 27, § 815(c).
The reference to this "subtitle" is substituted for the former overly broad reference to this "article" to reflect the appropriate statutory unit governing the criminal injuries compensation law.
The only other changes are in style. Defined Terms.
"Person" § 1-101
(d) Crime.-
(1) "Crime" means:
(i) except as provided in paragraph (2) of this subsection, a criminal offense under state, federal, or common law that is committed in:
1. this State; or
2. another state against a resident of this State; or
(ii) an act of international terrorism as defined in Title 18, § 2331 of the United States Code that is committed outside of the United States against a resident of this State.
(2) "Crime" does not include an act involving the operation of a vessel or motor vehicle unless the act is:
(i) a violation of § 20-102, § 20-104, § 21-902, or § 21-904 of the Transportation Article; or
(ii) operating a motor vehicle or vessel that results in an intentional injury.
Special Revisor's Note.
As enacted by Ch. 10, Acts of 2001, this subsection was new language derived without substantive change from former Art. 27, § 815(d)(2) and (1)(i) through (v). However, Ch. 483, Acts of 2001, amended paragraph (2)(i) of this subsection by amending cross-references.
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that in paragraph (1)(i) of this subsection, the reference to "state" was substituted by Ch. 10 for the former reference to "State" to clarify that this definition extends to the laws of any state in the United States and not only to the laws of Maryland. Defined Terms.
"State" § 1-101
(e) Dependent.- "Dependent" means:
(1) a surviving spouse or child of a person; or
(2) a person who is dependent on another person for principal support.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 819(a)(2), (3), (5), and (6).
The term "dependent" is defined for purposes of this subtitle to allow concise and consistent reference to persons who, because of relationship or dependence on a victim who dies, may be eligible for an award under this subtitle.
The former law specified that persons eligible for awards include:
(1) a surviving spouse or child of "a victim of a crime who died as a direct result of a crime" or "a person who dies as a direct result of trying to prevent a crime or an attempted crime from occurring in the person's presence or trying to apprehend a person who had committed a crime in the person's presence or had, in fact, committed a felony"; and
(2) a person dependent for principal support upon "a victim of a crime who died as a result of a crime" or "any person who dies as a direct result of trying to prevent a crime or an attempted crime from occurring in the person's presence or trying to apprehend a person who had committed a crime in the person's presence or had, in fact, committed a felony".
This subsection deletes as redundant these descriptions of victims and other persons to whom dependents are attached because the defined term "dependent" is always used in connection with the defined term "victim", in whose definition the identical descriptions appear. Defined Terms.
"Person" § 1-101
(f) Victim.- "Victim" means a person:
(1) who suffers physical injury or death as a result of a crime or delinquent act;
(2) who suffers psychological injury as a direct result of:
(i) a fourth degree sexual offense or a delinquent act that would be a fourth degree sexual offense if committed by an adult;
(ii) a felony or a delinquent act that would be a felony if committed by an adult; or
(iii) physical injury or death directly resulting from a crime or delinquent act; or
(3) who suffers physical injury or death as a direct result of:
(i) trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the person's presence;
(ii) trying to apprehend an offender who had committed a crime or delinquent act in the person's presence or had committed a felony or a delinquent act that would be a felony if committed by an adult; or
(iii) helping a law enforcement officer in the performance of the officer's duties or helping a member of a fire department who is being obstructed from performing the member's duties.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, §§ 815(f) and 819(a)(4) and (7).
In this subsection, the definition of "victim" is revised for purposes of this subtitle to include those persons who, while not included in the definition of "victim" under former law, were eligible, and whose surviving spouses, children, and dependents were eligible for criminal injuries compensation awards as a result of the person being injured or killed as a direct result of crime or delinquent act.
As for the addition in items (2) and (3) of this subsection of the defined term "delinquent act" to the defined term "crime", see General Revisor's Note to this title.
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that in item (3) of this subsection, the phrase "who suffers physical injury or death as a direct result of" is substituted for the former phrase "who is injured or killed while" for accuracy and consistency to expressly state the implied requirement under former law that there be a causal link between the injury or death and the criminal activity.
The Criminal Procedure Article Review Committee also notes, for consideration by the General Assembly, that apparently subsection (f)(1) of this section does not apply to a person who:
(1) suffers a psychological injury but does not personally suffer physical injury or death as a result of a crime or delinquent act; or
(2) is not the intended victim of the crime or delinquent act, e.g., the rape or robbery victim.
For example, a person would not be a "victim" under this subtitle by suffering psychological injury because the person was a victim of stalking, because a spouse was murdered, or because a daughter was raped. Additionally, a person would not be a "victim" by suffering psychological injury after witnessing a crime in which a stranger was brutally injured or killed. Defined Terms.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 27, § 815(a).
The only changes are in style.
(b) Board.- "Board" means the Criminal Injuries Compensation Board.
Revisor's Note.
This subsection formerly was Art. 27, § 815(b).
No changes are made.
(c) Claimant.- "Claimant" means the person filing a claim under this subtitle.
Revisor's Note.
This subsection formerly was Art. 27, § 815(c).
The reference to this "subtitle" is substituted for the former overly broad reference to this "article" to reflect the appropriate statutory unit governing the criminal injuries compensation law.
The only other changes are in style. Defined Terms.
"Person" § 1-101
(d) Crime.-
(1) "Crime" means:
(i) except as provided in paragraph (2) of this subsection, a criminal offense under state, federal, or common law that is committed in:
1. this State; or
2. another state against a resident of this State; or
(ii) an act of international terrorism as defined in Title 18, § 2331 of the United States Code that is committed outside of the United States against a resident of this State.
(2) "Crime" does not include an act involving the operation of a vessel or motor vehicle unless the act is:
(i) a violation of § 20-102, § 20-104, § 21-902, or § 21-904 of the Transportation Article; or
(ii) operating a motor vehicle or vessel that results in an intentional injury.
Special Revisor's Note.
As enacted by Ch. 10, Acts of 2001, this subsection was new language derived without substantive change from former Art. 27, § 815(d)(2) and (1)(i) through (v). However, Ch. 483, Acts of 2001, amended paragraph (2)(i) of this subsection by amending cross-references.
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that in paragraph (1)(i) of this subsection, the reference to "state" was substituted by Ch. 10 for the former reference to "State" to clarify that this definition extends to the laws of any state in the United States and not only to the laws of Maryland. Defined Terms.
"State" § 1-101
(e) Dependent.- "Dependent" means:
(1) a surviving spouse or child of a person; or
(2) a person who is dependent on another person for principal support.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 819(a)(2), (3), (5), and (6).
The term "dependent" is defined for purposes of this subtitle to allow concise and consistent reference to persons who, because of relationship or dependence on a victim who dies, may be eligible for an award under this subtitle.
The former law specified that persons eligible for awards include:
(1) a surviving spouse or child of "a victim of a crime who died as a direct result of a crime" or "a person who dies as a direct result of trying to prevent a crime or an attempted crime from occurring in the person's presence or trying to apprehend a person who had committed a crime in the person's presence or had, in fact, committed a felony"; and
(2) a person dependent for principal support upon "a victim of a crime who died as a result of a crime" or "any person who dies as a direct result of trying to prevent a crime or an attempted crime from occurring in the person's presence or trying to apprehend a person who had committed a crime in the person's presence or had, in fact, committed a felony".
This subsection deletes as redundant these descriptions of victims and other persons to whom dependents are attached because the defined term "dependent" is always used in connection with the defined term "victim", in whose definition the identical descriptions appear. Defined Terms.
"Person" § 1-101
(f) Victim.- "Victim" means a person:
(1) who suffers physical injury or death as a result of a crime or delinquent act;
(2) who suffers psychological injury as a direct result of:
(i) a fourth degree sexual offense or a delinquent act that would be a fourth degree sexual offense if committed by an adult;
(ii) a felony or a delinquent act that would be a felony if committed by an adult; or
(iii) physical injury or death directly resulting from a crime or delinquent act; or
(3) who suffers physical injury or death as a direct result of:
(i) trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the person's presence;
(ii) trying to apprehend an offender who had committed a crime or delinquent act in the person's presence or had committed a felony or a delinquent act that would be a felony if committed by an adult; or
(iii) helping a law enforcement officer in the performance of the officer's duties or helping a member of a fire department who is being obstructed from performing the member's duties.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, §§ 815(f) and 819(a)(4) and (7).
In this subsection, the definition of "victim" is revised for purposes of this subtitle to include those persons who, while not included in the definition of "victim" under former law, were eligible, and whose surviving spouses, children, and dependents were eligible for criminal injuries compensation awards as a result of the person being injured or killed as a direct result of crime or delinquent act.
As for the addition in items (2) and (3) of this subsection of the defined term "delinquent act" to the defined term "crime", see General Revisor's Note to this title.
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that in item (3) of this subsection, the phrase "who suffers physical injury or death as a direct result of" is substituted for the former phrase "who is injured or killed while" for accuracy and consistency to expressly state the implied requirement under former law that there be a causal link between the injury or death and the criminal activity.
The Criminal Procedure Article Review Committee also notes, for consideration by the General Assembly, that apparently subsection (f)(1) of this section does not apply to a person who:
(1) suffers a psychological injury but does not personally suffer physical injury or death as a result of a crime or delinquent act; or
(2) is not the intended victim of the crime or delinquent act, e.g., the rape or robbery victim.
For example, a person would not be a "victim" under this subtitle by suffering psychological injury because the person was a victim of stalking, because a spouse was murdered, or because a daughter was raped. Additionally, a person would not be a "victim" by suffering psychological injury after witnessing a crime in which a stranger was brutally injured or killed. Defined Terms.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 27, § 815(a).
The only changes are in style.
(b) Board.- "Board" means the Criminal Injuries Compensation Board.
Revisor's Note.
This subsection formerly was Art. 27, § 815(b).
No changes are made.
(c) Claimant.- "Claimant" means the person filing a claim under this subtitle.
Revisor's Note.
This subsection formerly was Art. 27, § 815(c).
The reference to this "subtitle" is substituted for the former overly broad reference to this "article" to reflect the appropriate statutory unit governing the criminal injuries compensation law.
The only other changes are in style. Defined Terms.
"Person" § 1-101
(d) Crime.-
(1) "Crime" means:
(i) except as provided in paragraph (2) of this subsection, a criminal offense under state, federal, or common law that is committed in:
1. this State; or
2. another state against a resident of this State; or
(ii) an act of international terrorism as defined in Title 18, § 2331 of the United States Code that is committed outside of the United States against a resident of this State.
(2) "Crime" does not include an act involving the operation of a vessel or motor vehicle unless the act is:
(i) a violation of § 20-102, § 20-104, § 21-902, or § 21-904 of the Transportation Article; or
(ii) operating a motor vehicle or vessel that results in an intentional injury.
Special Revisor's Note.
As enacted by Ch. 10, Acts of 2001, this subsection was new language derived without substantive change from former Art. 27, § 815(d)(2) and (1)(i) through (v). However, Ch. 483, Acts of 2001, amended paragraph (2)(i) of this subsection by amending cross-references.
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that in paragraph (1)(i) of this subsection, the reference to "state" was substituted by Ch. 10 for the former reference to "State" to clarify that this definition extends to the laws of any state in the United States and not only to the laws of Maryland. Defined Terms.
"State" § 1-101
(e) Dependent.- "Dependent" means:
(1) a surviving spouse or child of a person; or
(2) a person who is dependent on another person for principal support.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 819(a)(2), (3), (5), and (6).
The term "dependent" is defined for purposes of this subtitle to allow concise and consistent reference to persons who, because of relationship or dependence on a victim who dies, may be eligible for an award under this subtitle.
The former law specified that persons eligible for awards include:
(1) a surviving spouse or child of "a victim of a crime who died as a direct result of a crime" or "a person who dies as a direct result of trying to prevent a crime or an attempted crime from occurring in the person's presence or trying to apprehend a person who had committed a crime in the person's presence or had, in fact, committed a felony"; and
(2) a person dependent for principal support upon "a victim of a crime who died as a result of a crime" or "any person who dies as a direct result of trying to prevent a crime or an attempted crime from occurring in the person's presence or trying to apprehend a person who had committed a crime in the person's presence or had, in fact, committed a felony".
This subsection deletes as redundant these descriptions of victims and other persons to whom dependents are attached because the defined term "dependent" is always used in connection with the defined term "victim", in whose definition the identical descriptions appear. Defined Terms.
"Person" § 1-101
(f) Victim.- "Victim" means a person:
(1) who suffers physical injury or death as a result of a crime or delinquent act;
(2) who suffers psychological injury as a direct result of:
(i) a fourth degree sexual offense or a delinquent act that would be a fourth degree sexual offense if committed by an adult;
(ii) a felony or a delinquent act that would be a felony if committed by an adult; or
(iii) physical injury or death directly resulting from a crime or delinquent act; or
(3) who suffers physical injury or death as a direct result of:
(i) trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the person's presence;
(ii) trying to apprehend an offender who had committed a crime or delinquent act in the person's presence or had committed a felony or a delinquent act that would be a felony if committed by an adult; or
(iii) helping a law enforcement officer in the performance of the officer's duties or helping a member of a fire department who is being obstructed from performing the member's duties.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, §§ 815(f) and 819(a)(4) and (7).
In this subsection, the definition of "victim" is revised for purposes of this subtitle to include those persons who, while not included in the definition of "victim" under former law, were eligible, and whose surviving spouses, children, and dependents were eligible for criminal injuries compensation awards as a result of the person being injured or killed as a direct result of crime or delinquent act.
As for the addition in items (2) and (3) of this subsection of the defined term "delinquent act" to the defined term "crime", see General Revisor's Note to this title.
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that in item (3) of this subsection, the phrase "who suffers physical injury or death as a direct result of" is substituted for the former phrase "who is injured or killed while" for accuracy and consistency to expressly state the implied requirement under former law that there be a causal link between the injury or death and the criminal activity.
The Criminal Procedure Article Review Committee also notes, for consideration by the General Assembly, that apparently subsection (f)(1) of this section does not apply to a person who:
(1) suffers a psychological injury but does not personally suffer physical injury or death as a result of a crime or delinquent act; or
(2) is not the intended victim of the crime or delinquent act, e.g., the rape or robbery victim.
For example, a person would not be a "victim" under this subtitle by suffering psychological injury because the person was a victim of stalking, because a spouse was murdered, or because a daughter was raped. Additionally, a person would not be a "victim" by suffering psychological injury after witnessing a crime in which a stranger was brutally injured or killed. Defined Terms.
