A bill

 

TO AMEND THE SOUTH CAROLINA CODES OF LAWS BY ADDING SECTION 56-5-2960 SO AS TO PROVIDE THAT A PERSON CONVICTED OF FELONY DRIVING UNDER THE INFLUENCE RESULTING IN THE DEATH OF A PARENT OR GUARDIAN MUST BE ORDERED TO PAY CHILD SUPPORT UNTIL THE CHILD OR DEPENDENT REACHES THE AGE OF TWENTY-TWO.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 5, Title 56 of the S.C. Code is amended by adding:

 

    Section 56-5-2960. (A)(1) If a defendant is convicted of a violation of Section 56-5-2945(B) and the violation caused the death of a parent or guardian of a minor child, then the sentencing court must order the defendant to pay restitution in the form of financial support to each child or dependent of the victim until the child or dependent reaches twenty-two years of age.

    (2) In determining an amount that is reasonable and necessary for the financial support of the victim's child or dependent, the court shall consider all relevant factors, including the:

       (a) financial needs and resources of the child or dependent;

       (b) financial resources and needs of the surviving parent or guardian of the child or dependent;

       (c) standard of living to which the child or dependent is accustomed;

       (d) physical and emotional condition of the child or dependent and the child's or dependent's educational needs;

       (e) child's or dependent's physical and legal custody arrangements; and

       (f) reasonable childcare expenses of the surviving parent or guardian.

    (B)(1) If the surviving parent or guardian of the child or dependent brings a civil action against the defendant before the sentencing court orders restitution to financially support the child or dependent and the surviving parent or guardian obtains a judgment and full satisfaction of damages in the civil suit, restitution shall not be ordered under this section.

       (2) If the court orders the defendant to pay restitution to financially support the child or dependent under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, the restitution order shall be offset by the amount of the judgment awarded and paid by the defendant or the defendant's insurance for lost wages or permanent impairment of the power to work and earn money in the civil action.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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