Bill Text: MS SB2132 | 2023 | Regular Session | Introduced
Bill Title: Aggravated DUI; order child support to children of deceased victim.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [SB2132 Detail]
Download: Mississippi-2023-SB2132-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division B; Judiciary, Division A
By: Senator(s) Hill
Senate Bill 2132
AN ACT TO CREATE A NEW SECTION WITHIN TITLE 63, CHAPTER 11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A DEFENDANT CONVICTED OF AGGRAVATED DUI WHERE THE DECEASED VICTIM OF THE OFFENSE WAS THE PARENT OF A MINOR CHILD SHALL PAY RESTITUTION IN THE FORM OF CHILD SUPPORT; TO PROVIDE THAT THE COURT SHALL DETERMINE AN AMOUNT THAT IS REASONABLE AFTER CONSIDERED CERTAIN FACTORS; TO PROVIDE FOR THE DISBURSEMENT OF THE SUPPORT TO THE CHILD'S PARENT OR GUARDIAN; TO PROVIDE FOR THE DEFENDANT'S INABILITY TO PAY DURING INCARCERATION; TO PROVIDE THAT CHILD SUPPORT PAYMENTS SHALL CONTINUE UNTIL PAID IN FULL WITHOUT REGARD TO THE AGE OF THE CHILD; TO PROVIDE THAT A CHILD SUPPORT ORDER UNDER THIS SECTION SHALL BE OFFSET BY A SUBSEQUENT CIVIL JUDGMENT ENTERED AGAINST THE DEFENDANT FOR THE BENEFIT OF THE MINOR CHILD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as a new section within Title 63, Chapter 11, Mississippi Code of 1972:
(1) If a defendant is convicted of a violation of Section 63-11-30(5) and the deceased victim of the offense was the parent or guardian of a minor child, then the sentencing court shall order the defendant to pay restitution in the form of child support to each of the victim's children until each child reaches twenty-one (21) years of age.
(2) The court shall determine an amount that is reasonable and necessary for the support of the victim's child after considering the following:
(a) The financial needs and resources of the child;
(b) The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the Department of Child Protection Services;
(c) The standard of living to which the child is accustomed;
(d) The physical and emotional condition of the child and the child's educational needs;
(e) The child's physical and legal custody arrangements;
(f) The reasonable work-related child care expenses of the surviving parent or guardian;
(g) The wage-earning capacity of the child's deceased parent or guardian;
(h) The amount of any judgment in a civil suit against the defendant for the benefit of the child if a judgment is entered before the child support is ordered under this section; and
(i) Any other relevant factor.
(3) 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 (3) working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt.
(4) If a defendant who is ordered to pay child support under this section is incarcerated and unable to pay the required support, the defendant may have up to one (1) year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage.
(5) The child support payments due under this section shall continue until the entire arrearage is paid in full without regard to the age of the child.
(6) If the sentencing 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, the sentencing court shall offset the child support order by the amount of the judgment awarded in the civil action upon a motion of the defendant.
SECTION 2. This act shall take effect and be in force from and after its passage.
