Bill Text: NY A01776 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires intoxicated drivers to pay child support if such intoxicated driving results in the death of the parent or guardian of a minor child due to the influence of alcohol.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Introduced) 2024-01-03 - referred to transportation [A01776 Detail]
Download: New_York-2023-A01776-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1776 2023-2024 Regular Sessions IN ASSEMBLY January 20, 2023 ___________ Introduced by M. of A. MEEKS -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to requiring intoxicated drivers to pay child support if such intoxicated driving results in the death of the parent or guardian of a minor child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1193-a to read as follows: 3 § 1193-a. Offenses resulting in death of parent or guardian of a minor 4 child. In addition to the imposition of any fine or period of imprison- 5 ment set forth in this chapter or under the penal law, where an individ- 6 ual is convicted of vehicular manslaughter in the second degree under 7 subdivision one of section 125.12 of the penal law due to the influence 8 of alcohol, vehicular manslaughter in the first degree under subdivision 9 one of section 125.13 of the penal law, or aggravated vehicular homicide 10 under subdivision one of section 125.14 of the penal law, and the 11 deceased victim of such offense was the parent or guardian of a minor 12 child, the sentencing court shall order such individual to pay restitu- 13 tion in the form of child support to each of such victim's children 14 until each such child reaches the age of eighteen and has graduated from 15 high school, or the class of which such child is a member when such 16 child reached the age of eighteen has graduated from high school, in 17 accordance with the following: 18 1. The court shall determine an amount that is reasonable and neces- 19 sary for the maintenance of the victim's child after considering all 20 relevant factors, including: 21 (a) The financial needs of such child; 22 (b) The financial resources and needs of the surviving parent or guar- 23 dian of such child, including the state if such child is in the custody 24 of the office of children and family services; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04660-01-3A. 1776 2 1 (c) The standard of living to which such child is accustomed; 2 (d) The physical and emotional condition of such child and such 3 child's educational needs; 4 (e) Such child's physical and legal custody arrangements; and 5 (f) The reasonable work-related child care expenses of any surviving 6 parent or guardian of such child. 7 2. The court shall order that child support payments be made to the 8 clerk of court as trustee for remittance to the child's surviving parent 9 or guardian. The clerk shall remit the payments to the surviving parent 10 or guardian within three business days of receipt by the clerk. The 11 clerk shall deposit all payments no later than the next working day 12 after receipt. 13 3. If a defendant who is ordered to pay child support under this 14 section is incarcerated and unable to pay such required child support, 15 such defendant shall have up to one year after his or her release from 16 incarceration to begin payment, including entering a payment plan to 17 address any arrearage. If a defendant's child support payments under 18 this section are set to terminate but such defendant's obligation is not 19 paid in full, such child support payments shall continue until the 20 entire arrearage is paid. 21 4. (a) If the surviving parent or guardian of the child brings a civil 22 action against the defendant prior to the sentencing court ordering 23 child support payments under this section and such surviving parent or 24 guardian obtains a judgment in such civil suit, no such child support 25 shall be ordered under this section. 26 (b) If the court orders the defendant to make child support payments 27 as restitution under this section and the surviving parent or guardian 28 subsequently brings a civil action and obtains a judgment, such child 29 support order shall be offset by the amount of the judgment awarded in 30 such civil action. 31 § 2. This act shall take effect immediately and shall apply to 32 offenses committed on or after such date.