Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 13, 2022 |
referred to transportation |
Assembly Bill A10290
2021-2022 Legislative Session
Sponsored By
MEEKS
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2021-A10290 (ACTIVE) - Details
2021-A10290 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10290 I N A S S E M B L Y 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: 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; (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; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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