NY State Senate Bill 2025-S5753

Senate Bill S5753

2025-2026 Legislative Session

Requires intoxicated drivers to pay child support if such intoxicated driving results in the death of the parent or guardian of a minor child

download bill text pdf

Current Bill Status - In Senate Committee Transportation 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
Feb 28, 2025	referred to transportation

2025-S5753 (ACTIVE) - Details

See Assembly Version of this Bill:: A3641
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1193-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A10290
2023-2024: A1776

2025-S5753 (ACTIVE) - Summary

Enacts the "NYPD highway officer Anastasios Tsakos act"; requires intoxicated drivers to pay child support if such intoxicated driving results in the death of the parent or guardian of a minor child due to the influence of alcohol.

2025-S5753 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5753

SPONSOR: MARTINEZ
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to ensure the children of those
killed by intoxicated drivers are provided retribution through child
support which may otherwise be lost due to the death of their parent or
guardian. This legislation requires intoxicated drivers to pay child
support if such intoxicated driving results in the death of the parent
or guardian of a minor.

 
SUMMARY OF PROVISIONS:

Section 1. Provides the short title of this act.

Section 2. Amends the vehicle and traffic law by adding a new section
1193-a establishing that if an individual is convicted of vehicular
manslaughter or aggravated vehicular homicide involving alcohol and the
deceased victim was the parent or guardian of a minor child, the indi-
vidual must pay restitution in the form of child support to the victim's
children. This section further outlines the parameters and guidelines
for the financing of this restitution in tandem with the court.

Section 3. Establishes the enacting clause.

 
JUSTIFICATION:

This legislation aims to address a critical gap in restitution for chil-
dren who lose a parent or guardian as a result of intoxicated driving.
In April of 2021, NYPD Highway Officer Anastasios Tsakos was killed in
the line of duty by an intoxicated driver. Officer Tsakos served the
NYPD for 14 years and left behind a 6-yearold daughter and 3-year-old
son. Intoxicated driving is entirely preventable and due to an individ-
uals' complete disregard for the law and public safety, Officer Tsakos'
young children are now supported by a single-parent household.

The death of a parent or guardian at a young age has lasting effects on
children, with sudden and violent deaths being particularly profound.
The abrupt loss of household income can exacerbate already taxing
circumstances for children whom have lost their parent or guardian,
further impacting their economic stability and wellbeing.  The
provisions of this bill are designed to ensure children receive the
financial support necessary to preserve their standard of living and
ease financial burden. The offender must pay child support for an amount
determined by the court until the child reaches the age of eighteen and
graduates high school. Should the offender be unable to provide finan-
cial assistance due to incarceration, the individual has until one-year
post release to begin payment in accordance with a plan determined by
the court inclusive of retroactive arrears.

Supporting this legislation underscores the significance of holding
offenders accountable for the longterm impact of their avoidable action,
while prioritizing financial security for children as they face the
insurmountable hardship of losing a parent or guardian. This bill
reflects a commitment to safeguarding the economic welfare of children
in the aftermath of tragic accidents.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to offenses
committed on or after such date.

2025-S5753 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5753
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed 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.  Short  title. This act shall be known and may be cited as
 the "NYPD highway 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:
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05649-01-5
 S. 5753                             2

 
   (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.

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