Bill

Bill > S1301


SC S1301

SC S1301
DUI vehicular homicide restitution


summary

Introduced
04/28/2022
In Committee
04/28/2022
Crossed Over
Passed
Dead
05/12/2022

Introduced Session

124th General Assembly

Bill Summary

Amend The Code Of Laws Of South Carolina, 1976, By Adding Section 56-5-2937 So As To Provide Persons Convicted Of Reckless Vehicular Homicide While Under The Influence Of Alcohol Or Any Other Drug Or Combination Of Drugs, Or Convicted Of Reckless Vehicular Homicide And Had At Least Two Prior Convictions For Driving Motor Vehicles Under The Influence Of Alcohol, Any Other Drug, Or A Combination Of Other Drugs Or Substances, Or Driving Motor Vehicles With An Unlawful Alcohol Concentration, Or Both, And Whose Victims Were Parents Of Minor Children, Must Pay Restitution In The Form Of Child Maintenance To Each Of The Victims' Children Until Each Child Reaches Eighteen Years Of Age And Has Graduated From High School; And By Adding Section 50-21-118 So As To Provide Persons Convicted Of Operating Moving Water Devices While Under The Influence Of Alcohol Or Drugs When Death Results, Or Reckless Homicide While Under The Influence Of Alcohol Or Drugs And Whose Victims Were Parents Of Minor Children, Must Pay Restitution In The Form Of Child Maintenance To Each Of The Victims' Children Until Each Child Reaches Eighteen Years Of Age And Has Graduated From High School.

AI Summary

This bill amends South Carolina law to require persons convicted of reckless vehicular homicide while under the influence of alcohol or drugs, or with prior DUI convictions, whose victims were parents of minor children, to pay restitution in the form of child maintenance to the victims' children until they reach 18 years of age and graduate from high school. The bill also applies a similar requirement for persons convicted of operating a moving water device under the influence of alcohol or drugs when death results, or reckless homicide under the influence. The court will determine the reasonable and necessary amount of child maintenance based on various factors related to the child's needs and the financial resources of the surviving parent or guardian.

Committee Categories

Justice

Sponsors (6)

Last Action

Referred to Committee on Judiciary (on 04/28/2022)

bill text


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