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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10290
SPONSOR: Rules (Meeks) PURPOSE:
This legislation requires intoxicated drivers to pay child support if
such intoxicated driving results in the death of the parent or guardian
of a minor child.
SUMMARY OF PROVISIONS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1193-a to read as follows: 1193-a. Offenses resulting in death
of parent or guardian of a minor child. In addition to the imposition of
any fine or period of imprisonment set forth in this chapter or under
the penal law, where an individual is convicted of vehicular manslaught-
er in the second degree under subdivision one of section 125.12 of the
penal law due to the influence of alcohol, vehicular manslaughter in the
first degree under subdivision one of section 125.13 of the penal law,
or aggravated vehicular homicide under subdivision one of section 125.14
of the penal law, and the deceased victim of such offense was the parent
or guardian of a minor child, the sentencing court shall order such
individual to pay restitution in the form of child support to each of
such victim's children until each such child reaches the age of eighteen
and has graduated from high school, or the class of which such child is
a member when such child reached the age of eighteen has graduated from
high school, in accordance with the following: 1. The court shall deter-
mine an amount that is reasonable and necessary for the maintenance of
the victim's child after considering all relevant factors, including:
(a) The financial needs of such child; (b) The financial resources and
needs of the surviving parent or guardian of such child, including the
state if such child is in the custody of the office of children and
family services; (c) The standard of living to which such child is
accustomed; (d) The physical and emotional condition of such child and
such child's educational needs; (e) Such child's physical and legal
custody arrangements; and (f) The reasonable work-related child care
expenses of any surviving parent or guardian of such child. 3. If a
defendant who is order to pay child support under this section is incar-
cerated and unable to pay such required child support, such defendant
shall have up to one year after his or her release from incarceration to
begin payment, including entering a payment plant to address any arrear-
age. If a defendant's child support payments under this section are set
to terminate but such defendant's obligation is not paid in full, such
child support payments shall continue until the entire arrearage is
paid. 2. This act shall take effect immediately and shall apply to
offenses committed on or after such date.
JUSTIFICATION:
Drunk drivers cause more than 17,000 deaths annually. Each life that is
loss leaves behind a devastated family. After a child loses their parent
or guardian to a fatal accident, this legislation would provide much
needed financial support.
LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to offenses
committed on or after such date.
STATE OF NEW YORK
________________________________________________________________________
10290
IN ASSEMBLY
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of 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;
25 (c) The standard of living to which such child is accustomed;
26 (d) The physical and emotional condition of such child and such
27 child's educational needs;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15525-02-2
A. 10290 2
1 (e) Such child's physical and legal custody arrangements; and
2 (f) The reasonable work-related child care expenses of any surviving
3 parent or guardian of such child.
4 2. The court shall order that child support payments be made to the
5 clerk of court as trustee for remittance to the child's surviving parent
6 or guardian. The clerk shall remit the payments to the surviving parent
7 or guardian within three business days of receipt by the clerk. The
8 clerk shall deposit all payments no later than the next working day
9 after receipt.
10 3. If a defendant who is ordered to pay child support under this
11 section is incarcerated and unable to pay such required child support,
12 such defendant shall have up to one year after his or her release from
13 incarceration to begin payment, including entering a payment plan to
14 address any arrearage. If a defendant's child support payments under
15 this section are set to terminate but such defendant's obligation is not
16 paid in full, such child support payments shall continue until the
17 entire arrearage is paid.
18 4. (1) If the surviving parent or guardian of the child brings a civil
19 action against the defendant prior to the sentencing court ordering
20 child support payments under this section and such surviving parent or
21 guardian obtains a judgment in such civil suit, no such child support
22 shall be ordered under this section.
23 (2) If the court orders the defendant to make child support payments
24 as restitution under this section and the surviving parent or guardian
25 subsequently brings a civil action and obtains a judgment, such child
26 support order shall be offset by the amount of the judgment awarded in
27 such civil action.
28 § 2. This act shall take effect immediately and shall apply to
29 offenses committed on or after such date.
