UNOFFICIAL COPY 23 RS SB 268/EN
Page 1 of 3
SB026820.100 - 1316 - XXXX 3/30/2023 8:51 PM Engrossed
AN ACT relating to financial support of a child or dependent after driving under the 1
influence. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) As used in this section: 6
(a) "Disabled": 7
1. Means a legal disability as is measured by functional inabilities; and 8
2. Includes inabilities caused by psychological, psychiatric, or stress-9
related trauma, and refers to any person seventeen (17) years of age or 10
older who is unable to make informed decisions with respect to his or 11
her personal affairs to the extent that he or she lacks the capacity to 12
provide for his or her physical health and safety or the physical health 13
and safety of a minor child, including but not limited to health care, 14
food, shelter, clothing, or personal hygiene; and 15
(b) "Totally and permanently disabled": 16
1. Means the inability to do any substantial gainful activity by reason of 17
any medically determinable physical or mental impairment which can 18
be expected to result in death or which has lasted or can be expected to 19
last for a continuous period of not less than twelve (12) months; and 20
2. Includes a finding of permanent total disability by the Social Security 21
Administration that a person is disabled and qualifies for benefits or a 22
finding by an administrative law judge under KRS Chapter 342. 23
(2) (a) Notwithstanding any law to the contrary, if a defendant is convicted of a 24
violation of KRS 189A.010 and the violation caused the death of a parent or 25
guardian of a minor child or dependent or resulted in a finding by the court 26
that a parent or guardian of a minor child or dependent is disabled or 27 UNOFFICIAL COPY 23 RS SB 268/EN
Page 2 of 3
SB026820.100 - 1316 - XXXX 3/30/2023 8:51 PM Engrossed
totally and permanently disabled, then the sentencing court may order the 1
defendant to pay restitution in the form of financial support for the child or 2
dependent to each child or dependent of the victim until the child or 3
dependent reaches: 4
1. Eighteen (18) years of age; or 5
2. Nineteen (19) years of age if the child or dependent is still enrolled in 6
high school. 7
(b) In determining an amount that is reasonable and necessary for the 8
financial support of the victim's child or dependent, the court shall consider 9
all relevant factors, including the: 10
1. Financial needs and resources of the child or dependent; 11
2. Financial resources and needs of the surviving parent or guardian of 12
the child or dependent; 13
3. Standard of living to which the child or dependent is accustomed; 14
4. Physical and emotional condition of the child or dependent and the 15
child's or dependent's educational needs; 16
5. Child's or dependent's physical and legal custody arrangements; and 17
6. Reasonable child care expenses of the surviving parent or guardian. 18
(3) The court shall order that payments made to financially support the child or 19
dependent be made to the clerk of court as trustee for remittance to the child or 20
dependent's surviving parent or guardian. The clerk shall remit the payments to 21
the surviving parent or guardian within three (3) working days of receipt by the 22
clerk. The clerk shall deposit all payments no later than the next working day 23
after receipt. 24
(4) If a defendant who is ordered to pay restitution in the form of financial support 25
for the child or dependent under this section is incarcerated and unable to pay 26
the required restitution, the defendant shall have up to one (1) year after the 27 UNOFFICIAL COPY 23 RS SB 268/EN
Page 3 of 3
SB026820.100 - 1316 - XXXX 3/30/2023 8:51 PM Engrossed
release from incarceration to begin payment, including entering into a payment 1
plan to address any arrearage. 2
(5) If a defendant's payments to financially support the child or dependent are set to 3
terminate but the defendant's obligation is not paid in full, the payments to 4
financially support the child or dependent shall continue until the entire 5
arrearage is paid. 6
(6) (a) If the surviving parent or guardian of the child or dependent brings a civil 7
action against the defendant before the sentencing court orders restitution 8
to financially support the child or dependent and the surviving parent or 9
guardian obtains a judgment and full satisfaction of damages in the civil 10
suit, restitution shall not be ordered under this section. 11
(b) If the court orders the defendant to pay restitution to financially support the 12
child or dependent under this section and the surviving parent or guardian 13
subsequently brings a civil action and obtains a judgment, the restitution 14
order shall be offset by the amount of the judgment awarded and paid by the 15
defendant or the defendant's insurance for lost wages or permanent 16
impairment of the power to work and earn money in the civil action. 17
Section 2. This Act may be cited as Melanie's Law. 18