S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1776
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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  IMPRISON-
 MENT SET FORTH IN THIS CHAPTER OR UNDER THE PENAL LAW, WHERE AN INDIVID-
 UAL  IS  CONVICTED  OF VEHICULAR MANSLAUGHTER 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 RESTITU-
 TION 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 DETERMINE AN AMOUNT THAT IS REASONABLE AND NECES-
 SARY 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 GUAR-
 DIAN  OF SUCH CHILD, INCLUDING THE STATE IF SUCH CHILD IS IN THE CUSTODY
 OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04660-01-3
              

 A. 1776                             2
 
   (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.
   2.  THE  COURT  SHALL ORDER THAT CHILD SUPPORT PAYMENTS BE MADE TO THE
 CLERK OF COURT AS TRUSTEE FOR REMITTANCE TO THE CHILD'S SURVIVING PARENT
 OR GUARDIAN.  THE CLERK SHALL REMIT THE PAYMENTS TO THE SURVIVING PARENT
 OR GUARDIAN WITHIN THREE BUSINESS DAYS OF  RECEIPT  BY  THE  CLERK.  THE
 CLERK  SHALL  DEPOSIT  ALL  PAYMENTS  NO LATER THAN THE NEXT WORKING DAY
 AFTER RECEIPT.
   3. IF A DEFENDANT WHO IS ORDERED  TO  PAY  CHILD  SUPPORT  UNDER  THIS
 SECTION  IS  INCARCERATED 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 PLAN TO
 ADDRESS ANY ARREARAGE. 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.
   4. (A) IF THE SURVIVING PARENT OR GUARDIAN OF THE CHILD BRINGS A CIVIL
 ACTION AGAINST THE DEFENDANT PRIOR  TO  THE  SENTENCING  COURT  ORDERING
 CHILD  SUPPORT  PAYMENTS UNDER THIS SECTION AND SUCH SURVIVING PARENT OR
 GUARDIAN OBTAINS A JUDGMENT IN SUCH CIVIL SUIT, NO  SUCH  CHILD  SUPPORT
 SHALL BE ORDERED UNDER THIS SECTION.
   (B)  IF  THE COURT ORDERS THE DEFENDANT TO MAKE CHILD SUPPORT PAYMENTS
 AS RESTITUTION UNDER THIS SECTION AND THE SURVIVING PARENT  OR  GUARDIAN
 SUBSEQUENTLY  BRINGS  A  CIVIL ACTION AND OBTAINS A JUDGMENT, SUCH CHILD
 SUPPORT ORDER SHALL BE OFFSET BY THE AMOUNT OF THE JUDGMENT  AWARDED  IN
 SUCH CIVIL ACTION.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 offenses committed on or after such date.