Alabama House Bill HB114

Alabama 2022 Regular Session

• Introduced: 1/13/22
• Refer: 1/13/22

Caption

Child support, requires individuals convicted of driving while under the influence to pay child support for children of deceased victims

Impact

By mandating child support payments, HB114 is set to impact existing laws around DUI offenses and family law within Alabama. The legislation not only introduces a new obligation for individuals convicted of DUI but also intersects criminal justice with family court proceedings. The requirements for child support will be assessed based on various factors, including the financial needs of the child and the surviving parent. There is an explicit mention that child support payments will accrue from the date of the child's parent or guardian's death, positioning this act as a significant measure to safeguard the financial well-being of vulnerable children resulting from such offenses.

Summary

House Bill 114, titled the DUI and Child Compensation and Recovery Act, introduces significant changes to the legal obligations of individuals convicted of driving under the influence (DUI) of alcohol or controlled substances. The bill specifically mandates that a person convicted of DUI will be required to pay child support if their offense results in the death of a parent or guardian of a child. This is aimed at ensuring financial support for children who lose a caregiver due to a DUI-related incident, thus addressing both justice and the welfare of the affected children in such tragic circumstances.

Contention

There are potential areas of controversy surrounding the implementation of HB114. Opponents might argue that the bill places an additional burden on individuals convicted of DUI, particularly if they are already facing incarceration or financial hardship as a result of their conviction. Critics may raise concerns about the fairness of imposing ongoing financial obligations on individuals when they are unable to work or support themselves due to the consequences of their actions. Furthermore, the bill's legal implications regarding the intersection of criminal law and family obligations could evoke discussions about individual rights, responsibilities, and the state's role in ensuring justice for victims and their families.