| 1 | 1 | | |
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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | HOUSE BILL No. 1255 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 9-13-2; IC 9-30-5-17.5. |
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| 7 | 7 | | Synopsis: Children of victims of certain driving offenses. Defines |
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| 8 | 8 | | "child restitution order". Requires the court to order a person to pay |
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| 9 | 9 | | child restitution if: (1) the person caused the death of a victim with a |
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| 10 | 10 | | minor child; and (2) the person was convicted of: (A) operating a |
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| 11 | 11 | | vehicle while intoxicated causing death; or (B) resisting law |
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| 12 | 12 | | enforcement while using a vehicle and causing death or catastrophic |
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| 13 | 13 | | injury. Provides certain factors for the court to consider when |
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| 14 | 14 | | determining the amount of the child restitution order. Requires that the |
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| 15 | 15 | | convicted person make child restitution order payments to the clerk of |
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| 16 | 16 | | court and that the clerk of court has certain deadlines to deposit and |
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| 17 | 17 | | remit the payment after receiving it. Provides that, if the convicted |
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| 18 | 18 | | person is incarcerated, the court may allow not more than one year after |
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| 19 | 19 | | release from incarceration for the convicted person to pay the child |
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| 20 | 20 | | restitution order. Requires the court to offset a child restitution order |
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| 21 | 21 | | by the amount of certain civil judgments. |
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| 22 | 22 | | Effective: July 1, 2024. |
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| 23 | 23 | | Andrade |
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| 24 | 24 | | January 9, 2024, read first time and referred to Committee on Courts and Criminal Code. |
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| 25 | 25 | | 2024 IN 1255—LS 6169/DI 148 Introduced |
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| 26 | 26 | | Second Regular Session of the 123rd General Assembly (2024) |
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| 27 | 27 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 28 | 28 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 29 | 29 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 30 | 30 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 31 | 31 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 32 | 32 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 33 | 33 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 34 | 34 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 35 | 35 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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| 36 | 36 | | HOUSE BILL No. 1255 |
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| 37 | 37 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 38 | 38 | | motor vehicles. |
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| 39 | 39 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 40 | 40 | | 1 SECTION 1. IC 9-13-2-22.5 IS ADDED TO THE INDIANA CODE |
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| 41 | 41 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 42 | 42 | | 3 1, 2024]: Sec. 22.5. "Child restitution order", for purposes of |
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| 43 | 43 | | 4 IC 9-30-5-17.5, has the meaning set forth in IC 9-30-5-17.5. |
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| 44 | 44 | | 5 SECTION 2. IC 9-13-2-37.5 IS ADDED TO THE INDIANA CODE |
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| 45 | 45 | | 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 46 | 46 | | 7 1, 2024]: Sec. 37.5. "Convicted person", for purposes of |
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| 47 | 47 | | 8 IC 9-30-5-17.5, has the meaning set forth in IC 9-30-5-17.5. |
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| 48 | 48 | | 9 SECTION 3. IC 9-30-5-17.5 IS ADDED TO THE INDIANA CODE |
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| 49 | 49 | | 10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 50 | 50 | | 11 1, 2024]: Sec. 17.5. (a) As used in this section, "child restitution |
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| 51 | 51 | | 12 order" means an order issued by a court that requires a convicted |
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| 52 | 52 | | 13 person to pay reparation to a minor child for the loss of a parent |
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| 53 | 53 | | 14 or guardian. |
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| 54 | 54 | | 15 (b) As used in this section, "convicted person" refers to a person |
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| 55 | 55 | | 16 convicted of one (1) or more of the following: |
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| 56 | 56 | | 17 (1) Operating a vehicle while intoxicated causing death under |
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| 57 | 57 | | 2024 IN 1255—LS 6169/DI 148 2 |
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| 58 | 58 | | 1 section 5(a) of this chapter. |
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| 59 | 59 | | 2 (2) Resisting law enforcement in a manner described in |
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| 60 | 60 | | 3 IC 35-44.1-3-1(c)(3). |
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| 61 | 61 | | 4 (c) Subject to subsection (i), if the deceased victim of a convicted |
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| 62 | 62 | | 5 person is the parent or guardian of a minor child, the sentencing |
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| 63 | 63 | | 6 court shall issue a child restitution order for a reasonable and |
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| 64 | 64 | | 7 necessary amount after considering all relevant factors, including |
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| 65 | 65 | | 8 the following: |
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| 66 | 66 | | 9 (1) The surviving parent's or guardian's: |
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| 67 | 67 | | 10 (A) financial needs and resources; and |
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| 68 | 68 | | 11 (B) reasonable work related child care expenses. |
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| 69 | 69 | | 12 (2) The minor child's: |
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| 70 | 70 | | 13 (A) standard of living to which the minor child is |
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| 71 | 71 | | 14 accustomed; |
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| 72 | 72 | | 15 (B) physical and emotional condition; |
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| 73 | 73 | | 16 (C) educational needs; and |
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| 74 | 74 | | 17 (D) physical and legal custody arrangements. |
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| 75 | 75 | | 18 (d) The reasonable and necessary amount under subsection (c) |
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| 76 | 76 | | 19 must cover the anticipated needs of the minor child for the period |
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| 77 | 77 | | 20 beginning on the date of the deceased victim's death and ending on |
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| 78 | 78 | | 21 the later of the minor child's: |
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| 79 | 79 | | 22 (1) eighteenth birthday; or |
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| 80 | 80 | | 23 (2) anticipated high school graduation date. |
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| 81 | 81 | | 24 (e) The sentencing court may require the convicted person to: |
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| 82 | 82 | | 25 (1) pay the entire amount at the time of sentencing; |
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| 83 | 83 | | 26 (2) pay the entire amount at a later date; or |
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| 84 | 84 | | 27 (3) submit payments at designated intervals. |
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| 85 | 85 | | 28 (f) The convicted person shall submit payment, in the form |
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| 86 | 86 | | 29 specified by the child restitution order, to the clerk of court. |
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| 87 | 87 | | 30 (g) The clerk of court shall: |
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| 88 | 88 | | 31 (1) deposit a child restitution order payment not later than the |
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| 89 | 89 | | 32 next working day; and |
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| 90 | 90 | | 33 (2) remit the payment to the surviving parent or guardian not |
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| 91 | 91 | | 34 later than three (3) business days after receiving the payment. |
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| 92 | 92 | | 35 (h) If the convicted person is incarcerated, the sentencing court |
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| 93 | 93 | | 36 may allow not more than one (1) year after release from |
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| 94 | 94 | | 37 incarceration for the convicted person to submit payment in the |
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| 95 | 95 | | 38 form specified by the child restitution order. |
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| 96 | 96 | | 39 (i) The sentencing court shall offset the child restitution order |
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| 97 | 97 | | 40 by the amount of a civil judgment that is: |
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| 98 | 98 | | 41 (1) brought against the convicted person; |
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| 99 | 99 | | 42 (2) obtained by the surviving parent or guardian; |
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| 100 | 100 | | 2024 IN 1255—LS 6169/DI 148 3 |
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| 101 | 101 | | 1 (3) intended to compensate the minor child; and |
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| 102 | 102 | | 2 (4) actually paid. |
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| 103 | 103 | | 2024 IN 1255—LS 6169/DI 148 |
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