Bill

Bill > S0177


SC S0177

SC S0177
DUI Vehicular Homicide Restitution


summary

Introduced
01/10/2023
In Committee
01/10/2023
Crossed Over
Passed
Dead
05/09/2024

Introduced Session

125th General Assembly

Bill Summary

A bill to amend the South Carolina Code of Laws 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 the South Carolina Code of Laws to require persons convicted of reckless vehicular homicide while under the influence of alcohol or drugs, or persons with prior DUI convictions who commit such an offense, to pay restitution in the form of child maintenance to the minor children of their victims until the children reach 18 years of age and graduate from high school. It also requires similar restitution for 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 and with minor child victims. The court determines a reasonable and necessary amount for child maintenance based on various factors, and payments are made through the clerk of court to the surviving parent or guardian.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Committee on Judiciary (on 01/10/2023)

bill text


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