New Jersey courts would order drivers convicted of recklessly killing a child’s parent or guardian while impaired to pay support for that child.
Drivers convicted of recklessly killing a minor child’s parent or guardian while impaired would owe support for that child. No payments would be required during imprisonment.
Courts would not need to find that drivers can afford support. Support already paid would reduce a later civil award for the same loss.
Courts would require support after a conviction for reckless vehicular homicide while impaired. The child’s legal custodian must be the deceased parent’s or guardian’s spouse, closest surviving relative, or a guardian. Support would account for the deceased person’s lost financial contributions. No payments would be required during imprisonment. The requirement would start on the first day of the second month after enactment, if the bill becomes law.
Courts would set how much support the driver owes and how long it must be paid. These rules would cover the required child support and later civil claims by a surviving parent or guardian. Courts would not need to find that the driver can afford the payments. A later civil award would be reduced by support already paid for the same loss. These rules would start on the first day of the second month after enactment, if the bill becomes law.
No hearings or votes scheduled.