Bill

Bill > H3707


SC H3707

SC H3707
DUI and BUI Child Support


summary

Introduced
01/17/2023
In Committee
01/17/2023
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 ONE PRIOR CONVICTION 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 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 of operating moving water devices while under the influence when death results, to pay restitution in the form of child maintenance to each of the victims' minor children until the children reach 18 years of age and graduate from high school. The court will determine a reasonable and necessary amount for child maintenance after considering various factors, including the child's financial needs and resources, the surviving parent or guardian's financial situation, and the child's standard of living and educational needs. The payments will be made to the clerk of court, who will remit them to the child's surviving parent or guardian within three working days.

Committee Categories

Justice

Sponsors (2)

Last Action

Referred to Committee on Judiciary (on 01/17/2023)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...