Bill > S3273

Introduced Session

This bill requires the court to order financial support for a child if the child's parent or guardian is killed by a drunk driver. Under the bill, if a person is convicted of reckless vehicular homicide while driving under the influence of alcohol or drugs, the sentencing court is required to order the defendant to pay financial support on behalf of a minor child if the deceased is the parent or guardian of the minor child. In determining the amount to be paid by a defendant for the financial support of the child, the court is required to consider the following factors:· 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 as 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;· the physical and emotional needs of the child;· the child's educational needs;· the physical and legal custody arrangements for the child;· the work-related child care expenses of the surviving parent or guardian; and· any other factor the court deems relevant. 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 obligation ordered under the bill is to be for a period of not less than five years. The provisions of the bill require the court to order the defendant to make the financial support payments to the clerk of the court, who is then required to remit payment to the surviving parent or guardian within 10 business days of receipt. If a defendant who is ordered to pay financial support on behalf of a child pursuant to this section is incarcerated and unable to make the financial support payments during the period of incarceration, the defendant's financial support obligation is to accrue during the period of incarceration but the defendant has up to one year following the release from incarceration to begin payments. The bill further 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 defendant to continue to make payments until the arrearage is paid in full. In addition, if the surviving parent or guardian brings a civil action against a defendant following the entry of an order of financial support pursuant to this section, the judgment ordered in the civil action is to be offset by any financial support payments ordered pursuant to this section.

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Owen Henry (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 05/16/2024)

Official Document