summary
Introduced
01/14/2025
01/14/2025
In Committee
01/14/2025
01/14/2025
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
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 South Carolina law to require individuals convicted of certain serious vehicular and boating offenses involving death to pay child maintenance restitution to the minor children of their victims until each child reaches 18 years old and graduates high school. Specifically, the bill applies to people convicted of reckless vehicular homicide while under the influence of alcohol or drugs, or those with prior driving under the influence (DUI) convictions. Similarly, it applies to individuals convicted of operating watercraft under the influence resulting in death. The restitution amount will be determined by the court based on factors such as the child's financial needs, standard of living, physical and emotional condition, educational needs, custody arrangements, and the surviving parent's child care expenses. Payments will be made through the court clerk to the child's surviving parent or guardian. If the person responsible is incarcerated, they will have up to one year after release to begin payments. The bill also provides that if the surviving parent has already obtained a civil judgment against the offender, the child maintenance order will be offset by that amount. The legislation aims to provide financial support for children who have lost a parent due to impaired driving or boating incidents.
Committee Categories
Justice
Sponsors (3)
Last Action
Member(s) request name added as sponsor: McGinnis (on 02/05/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=3287&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3287_20241205.htm |
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