Md. Code Ann., Crim. Proc. § 11-809
Filing of claims
Effective Jul 1, 2025Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2004, c. 299, § 1, eff. Oct. 1, 2004; Acts 2006, c. 69, § 1, eff. Oct. 1, 2006; Acts 2014, c. 200, § 1, eff. Oct. 1, 2014; Acts 2018, c. 12, § 6; Acts 2019, c. 145, § 1, eff. Oct. 1, 2019; Acts 2019, c. 378, § 2, eff. Jan. 1, 2020; Acts 2024, c. 705, § 1, eff. July 1, 2025.State of Maryland
(a)
(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a claimant shall file a claim within 4 years after the later of:
- (i) the discovery of the occurrence of the crime or delinquent act or the death of the victim; or
(ii) the earlier of:
- 1. the date the claimant discovered an attempt to obtain a reversal of a conviction, a sentence, or an adjudication for the crime or delinquent act; or
- 2. the date the claimant, exercising ordinary diligence, should have discovered an attempt to obtain a reversal of a conviction, a sentence, or an adjudication for the crime or delinquent act.
- (2) In a case of child abuse, a claimant may file a claim at any time.
- (3) In a case where the filing of a claim was delayed as the result of a delay in the testing of DNA or a delay in DNA profile matching from a sexual assault forensic examination kit or biological material related to a sexual offense, a claimant shall file a claim within 4 years after notification of the results of the testing or DNA profile matching.
- (4) A claimant may file a claim at any time if the Board determines that there was good cause for failure to file a claim within the time limits provided under paragraphs (1) and (3) of this subsection.
(b)
(1) Claims shall be filed in the office of the Board:
- (i) in person;
- (ii) by mail; or
- (iii) electronically, in the manner provided under procedures established by the Board.
(2) The Board shall:
- (i) accept for filing each claim that meets the requirements of this subtitle and the regulations of the Board; and
- (ii) notify the claimant within 10 days after receipt of the claim.
(c)
(1)
(i) In this subsection, “debt collection activities” means:
- 1. repeatedly calling or writing to a claimant or other person eligible for benefits associated with a claim and threatening to refer the unpaid health care matter, funeral expense, or other death-related expense to a debt collection agency or an attorney for collection; or
- 2. filing a legal action or pursuing any legal process or legal proceeding.
- (ii) “Debt collection activities” does not include routine billing or inquiries about the status of the claim.
- (2) When a claimant files a claim under this subtitle, all health care providers, as defined in § 3-2A-01 of the Courts Article and § 4-301(h) of the Health--General Article and persons that have provided funeral or death-related services in relation to the death of a victim, that have been given notice of a pending claim shall refrain from all debt collection activities relating to the claim until a final decision is made by the Executive Director on the claim.
- (3) On filing by a party of a notice of a claim filed under this subtitle, a court shall stay all proceedings in an action related to health care or funeral or death-related services provided to a claimant in connection with the claim until the court is notified that a final decision on the claim has been made.
- (4) Claimants under this subtitle are protected under the Maryland Consumer Debt Collection Act in Title 14, Subtitle 2 of the Commercial Law Article.
(5)
- (i) A health care provider or person that has provided funeral or death-related services who receives notice that a claim has been filed under this subtitle may notify the Board in writing of the debt owed by the claimant in connection with the claim.
- (ii) If a health care provider or person that has provided funeral or death-related services notifies the Board under subparagraph (i) of this paragraph, the Board shall notify the health care provider or person that has provided funeral or death-related services in writing when a final decision is made on the claim.
(6) After a final decision on the claim under this subtitle, a health care provider or person that has provided funeral or death-related services that has received notice of a pending claim under this subtitle may engage in debt collection activities or file a civil action in court until the later of:
- (i) the expiration of the time for filing a civil action in court; or
- (ii) 6 months after the date of the final decision on the claim under this subtitle.
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2004, c. 299, § 1, eff. Oct. 1, 2004; Acts 2006, c. 69, § 1, eff. Oct. 1, 2006; Acts 2014, c. 200, § 1, eff. Oct. 1, 2014; Acts 2018, c. 12, § 6; Acts 2019, c. 145, § 1, eff. Oct. 1, 2019; Acts 2019, c. 378, § 2, eff. Jan. 1, 2020; Acts 2024, c. 705, § 1, eff. July 1, 2025.
Formerly Art. 27, § 820.