Assembly Bill A1776A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1776--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M. of A. MEEKS, HEVESI, ANDERSON, FLOOD, SHIMSKY, DURSO,
   THIELE, BUTTENSCHON, DAVILA -- read once and referred to the Committee
   on Transportation -- recommitted to the Committee on Transportation in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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. This act shall be known and may be cited as the "NYPD high-
 way officer Anastasios Tsakos act".
   §  2.  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04660-02-4
 A. 1776--A                          2
              

 
   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;
   (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 SUCH DEFENDANT'S 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.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 offenses committed on or after such date.