NY State Senate Bill 2021-S8900

Senate Bill S8900

2021-2022 Legislative Session

Requires a defendant who causes the death of a person with children due to driving while intoxicated or impaired to pay for child support

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2022	referred to crime victims, crime and correction

2021-S8900 (ACTIVE) - Details

See Assembly Version of this Bill:: A10293
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§621, 631 & 632, Exec L
Versions Introduced in Other Legislative Sessions:: 2023-2024: A5559
2025-2026: A1534

2021-S8900 (ACTIVE) - Summary

Requires a defendant who causes the death of a person with children due to driving while intoxicated or impaired to pay for child support of such children until they reach the age of 18 years old.

2021-S8900 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8900

SPONSOR: MARTUCCI
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring a defendant
who causes the death of a person with children due to driving while
intoxicated or impaired to pay for child support

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that when a defendant drives drunk and causes the death of a
parent, that person is responsible for paying child support

 
SUMMARY OF PROVISIONS:

Section 1: Amends the executive law to include individuals as noted
above are included in the child support statute

Section 2: Makes the same conforming changes to Subdivision 2 of section
631 of the Executive law

Section 3: Makes the same conforming changes to Subdivision 2 of section
631 of the Executive law

Section 4: sets forth the effective date

 
JUSTIFICATION:

While New York has some of the toughest DWI laws in the country, includ-
ing making it a felony to drive drunk with children in the car under
Leandra's law, there is still a glaring inequity when it comes to the
death of a parent at the hands of a drunk driver. When a parent or is
killed in such a fashion it is not only traumatic to their children,
spouse and family but, it also places a tremendous financial burden on
the surviving parent. Under this legislation, if a parent dies as a
result of the negligent actions of a drunk driver, that driver would be
responsible for paying child support to the surviving parent or guardian
until such child reaches the age of 21.

This is a matter of fairness and equity and it may also serve as a
further deterrent to anyone who considers drinking and driving.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

N/A

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S8900 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8900
 
                             I N  S E N A T E
 
                              April 27, 2022
                                ___________
 
 Introduced  by Sen. MARTUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT to amend the executive law, in relation to requiring a defendant
   who causes the death of a person with children due  to  driving  while
   intoxicated or impaired to pay for child support

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 and 11 of section 621 of the  executive  law,
 subdivision 5 as amended by chapter 189 of the laws of 2018 and subdivi-
 sion  11  as  amended by chapter 178 of the laws of 2019, are amended to
 read as follows:
   5. "Victim" shall mean (a) a  person  who  suffers  personal  physical
 injury  as a direct result of a crime; (b) a person who is the victim of
 either the crime of (1) unlawful imprisonment in  the  first  degree  as
 defined in section 135.10 of the penal law, (2) kidnapping in the second
 degree  as defined in section 135.20 of the penal law, (3) kidnapping in
 the first degree as defined in section 135.25  of  the  penal  law,  (4)
 menacing  in  the first degree as defined in section 120.13 of the penal
 law, (5) criminal obstruction  of  breathing  or  blood  circulation  as
 defined in section 121.11 of the penal law, (6) harassment in the second
 degree  as defined in section 240.26 of the penal law, (7) harassment in
 the first degree as defined in section 240.25  of  the  penal  law,  (8)
 aggravated  harassment  in  the  second degree as defined in subdivision
 three or five of section 240.30 of the penal law, (9) aggravated harass-
 ment in the first degree as defined in subdivision two of section 240.31
 of the penal law, (10) criminal contempt in the first degree as  defined
 in  subdivision  (b)  or  subdivision (c) of section 215.51 of the penal
 law, (11) stalking in the fourth,  third,  second  or  first  degree  as
 defined  in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
 (12) labor trafficking as defined in section 135.35 of  the  penal  law,
 (13)  sex  trafficking as defined in section 230.34 of the penal law; or
 (14) sex trafficking of a child as defined in section  230.34-a  of  the
 penal  law;  a vulnerable elderly person or an incompetent or physically
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15524-01-2
 S. 8900                             2
 
 disabled person as defined in section 260.31 of the penal law who incurs
 a loss of savings as defined in subdivision twenty-four of this section;
 or a person who has had a frivolous lawsuit filed against  them;  (C)  A
 CHILD  VICTIM  OF  A  PERSON  OR  PERSONS WHO DIED AS A DIRECT RESULT OF
 EITHER THE CRIME OF (1) VEHICULAR MANSLAUGHTER IN THE SECOND  DEGREE  AS
 DEFINED  IN  SECTION 125.12 OF THE PENAL LAW, (2) VEHICULAR MANSLAUGHTER
 IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE  PENAL  LAW,  OR
 (3)  AGGRAVATED  VEHICULAR  HOMICIDE AS DEFINED IN SECTION 125.14 OF THE
 PENAL LAW.
   11. For purposes of this article "child victim" shall  mean  a  person
 less  than  eighteen  years  of  age  who  suffers  physical,  mental or
 emotional injury, or loss or damage, as a direct result of  a  crime  or
 any  violation listed in subdivision twelve of section six hundred thir-
 ty-one of this article, or as a result of  witnessing  a  crime  or  any
 violation listed in subdivision twelve of section six hundred thirty-one
 of  this  article, OR A CHILD OF A VICTIM OF A CRIME LISTED IN PARAGRAPH
 (C) OF SUBDIVISION FIVE OF THIS SECTION.
   § 2. Subdivision 2 of section 631 of the executive law, as amended  by
 chapter  233 of the laws of 2020, is amended and a new subdivision 19 is
 added to read as follows:
   2. Any award made pursuant to this article shall be in an  amount  not
 exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
 incurred for medical or other services necessary  as  a  result  of  the
 injury  upon  which  the  claim  is  based;  loss of earnings or support
 resulting from such injury not to exceed thirty thousand  dollars;  loss
 of  savings  not  to exceed thirty thousand dollars; burial expenses not
 exceeding six thousand dollars of a victim who died on or after November
 first, nineteen ninety-six as a direct result of a crime; the  costs  of
 crime  scene cleanup and securing of a crime scene not exceeding twenty-
 five hundred dollars; reasonable relocation expenses not exceeding twen-
 ty-five hundred dollars;  reasonable  employment-related  transportation
 expenses,  not  exceeding twenty-five hundred dollars [and]; the unreim-
 bursed cost of repair or replacement of articles of  essential  personal
 property lost, damaged or destroyed as a direct result of the crime; AND
 CHILD  SUPPORT  FOR A CHILD VICTIM PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
 SION FIVE OF SECTION SIX HUNDRED TWENTY-ONE OF THIS ARTICLE  UNTIL  SUCH
 CHILD  REACHES THE AGE OF EIGHTEEN.  An award for loss of earnings shall
 include earnings lost by a parent or guardian as a result of the  hospi-
 talization  of  a child victim under age eighteen for injuries sustained
 as a direct result of a crime.   In addition to  the  medical  or  other
 services  necessary  as  a  result of the injury upon which the claim is
 based, an award may be made for rehabilitative occupational training for
 the purpose of job retraining or similar employment-oriented rehabilita-
 tive services based upon the claimant's medical and employment  history.
 For  the purpose of this subdivision, rehabilitative occupational train-
 ing shall include  but  not  be  limited  to  educational  training  and
 expenses.  An award for rehabilitative occupational training may be made
 to a victim, or to a family member of a  victim  where  necessary  as  a
 direct  result  of a crime.  An award for employment-related transporta-
 tion expenses shall be limited to the time period necessary due  to  the
 personal  physical  injuries  sustained  as a direct result of the crime
 upon which the claim is based, as determined by the medical  information
 collected during the investigation of the claim.
   19. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS ARTICLE, WHERE
 A CHILD VICTIM HAS LOST A PARENT OR PARENTS AS A RESULT OF A CRIME LIST-
 ED  IN  PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION SIX HUNDRED TWENTY-
 S. 8900                             3
 
 ONE OF THIS ARTICLE THE CLAIMANT SHALL BE ELIGIBLE OF AN AWARD OF  CHILD
 SUPPORT  WHICH  SHALL BE PAID MONTHLY TO THE CHILD VICTIM'S OTHER PARENT
 OR LEGAL GUARDIAN UNTIL SUCH CHILD VICTIM REACHES THE AGE  OF  EIGHTEEN.
 SUCH  AWARD  OF  CHILD  SUPPORT  SHALL BE DETERMINED BY THE OFFICE AFTER
 TAKING INTO CONSIDERATION THE CLAIMANT'S FINANCIAL RESOURCES.
   § 3. Subdivision 1 of section 632 of the executive law, as amended  by
 chapter 287 of the laws of 1972, is amended to read as follows:
   1.  The  award shall be paid in a lump sum, except that in the case of
 death or protracted disability the  award  shall  provide  for  periodic
 payments  to  compensate for loss of earnings or support; OR IN THE CASE
 OF A CHILD VICTIM PURSUANT TO  PARAGRAPH  (C)  OF  SUBDIVISION  FIVE  OF
 SECTION  SIX  HUNDRED  TWENTY-ONE  OF  THIS  ARTICLE  THE AWARD OF CHILD
 SUPPORT SHALL BE PAID MONTHLY UNTIL SUCH CHILD VICTIM REACHES THE AGE OF
 EIGHTEEN.  No award made pursuant to this article shall  be  subject  to
 execution or attachment other than for expenses resulting from the inju-
 ry which is the basis for the claim.
   § 4. This act shall take effect immediately.

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