Bill > A589

Introduced Session

This bill requires a drunk driver to pay restitution on behalf of a child if the child's parent or guardian is killed by the drunk driver. Under current law, a court is required to order a defendant to make restitution if a victim has suffered a loss and the defendant is able to pay or, given a fair opportunity, will be able to pay. This bill requires restitution to be paid on behalf of the child of a victim killed by a drunk driver convicted of reckless vehicular homicide in that killing. In addition to other factors to be considered by the court when ordering restitution, the bill requires the court to consider: the financial needs and resources of the child; the financial needs and resources of the surviving parent or guardian of the child, including the State if the child has been placed under the care and custody of the Division of Child Protection and Permanency in the Department of Children and Families; the standard of living to which the child is accustomed; and the physical and emotional needs of the child. The court is required to order the defendant to pay financial support on behalf of the child until the child reaches 18 years of age or has graduated from high school, whichever occurs later; or until the child reaches 21 years of age if the child suffers from a mental or physical disability. However, any financial support ordered pursuant to the bill is to be for a period of not less than five years. If a defendant who is ordered to pay financial support on behalf of a child under the bill is incarcerated and unable to make the payments during the period of incarceration, the defendant's financial support obligation will accrue during the period of incarceration, but the defendant will have up to one year following the release from incarceration to begin making payments. The bill also provides that if an arrearage exists at the time the period of financial support is scheduled to terminate, the court is required to order the person to continue to make payments until the arrearage is paid in full. The bill further provides that if the surviving parent or guardian brings a civil action against a person who committed reckless vehicular homicide, the judgment ordered in the civil action is to be offset by any financial support payments ordered pursuant to this subsection.

AI Summary

Committee Categories

Reginald Atkins (D)*,  William Sampson (D)*,  Sterley Stanley (D)*,  Michael Venezia (D), 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document