UNOFFICIAL COPY 23 RS BR 1039
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AN ACT relating to restitution for driving under the influence. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) (a) Notwithstanding any law to the contrary, if a defendant is convicted of a 5
violation of KRS 189A.010 and the violation caused the death of a person 6
who was a parent or guardian of a minor child, the sentencing court shall 7
order the defendant to pay restitution in the form of child support to each of 8
the victim's children or dependents until each child reaches eighteen (18) 9
years of age, or under nineteen (19) year of age if the child is still enrolled 10
in high school. 11
(b) The court shall determine an amount that is reasonable and necessary for 12
the maintenance of the victim's child or dependent after considering all 13
relevant factors, including the: 14
(1) Financial needs and resources of the child or dependent; 15
(2) Financial resources and needs of the surviving parent or guardian of 16
the child or dependent; 17
(3) Standard of living to which the child or dependent is accustomed; 18
(4) Physical and emotional condition of the child or dependent; 19
(5) Educational needs of the child or dependent; 20
(6) Child's or dependent's physical and legal custody arrangements; and 21
(7) Reasonable child care expenses of the surviving parent or guardian. 22
(2) The court shall order that child support payments be made to the child support 23
office as trustee for remittance to the child's surviving parent or guardian. The 24
child support office shall remit the payments to the surviving parent or guardian 25
within ten (10) days of receipt. The child support office shall deposit all payments 26
no later than the next day after receipt. 27 UNOFFICIAL COPY 23 RS BR 1039
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(3) If a defendant who is ordered to pay child support under this section is 1
incarcerated and unable to pay the required restitution, the defendant shall have 2
up to one (1) year after the release from incarceration to begin payment, 3
including entering into a payment plan to address any arrearage. 4
(4) If a defendant's child support payments are set to terminate but the defendant's 5
obligation is not paid in full, the child support payments shall continue until the 6
entire arrearage is paid. 7
(5) (a) If the surviving parent or guardian of the child or dependent brings a civil 8
action against the defendant before the sentencing court orders child 9
support payments as restitution, and the surviving parent or guardian 10
obtains a judgment in the civil suit, child support shall not be ordered under 11
this section. 12
(b) If the court orders the defendant to make child support payments as 13
restitution under this section and the surviving parent or guardian 14
subsequently brings a civil action and obtains a judgment, the child support 15
order shall be offset by the amount of the judgment awarded in the civil 16
action. 17