Virginia Senate Bill SB1288

Virginia 2023 Regular Session

• Introduced: 1/10/23
• Refer: 1/10/23

Caption

Wrongful death; death of parent or guardian of child resulting from driving under the influence.

Impact

The introduction of SB1288 will inherently alter the landscape of both family and criminal law in Virginia by intertwining wrongful death claims with established child support statutes. By permitting courts to grant child support in these cases, it provides a mechanism to hold offenders accountable not only for the criminal act of DUI but also for the subsequent impact of their actions on dependent children. As a result, this could lead to increased financial obligations for those convicted of DUI, ensuring that custodial parents have resources to cover children's needs and expenses.

Summary

SB1288 addresses issues surrounding wrongful death resulting from driving under the influence (DUI), specifically focusing on the rights of children who lose a parent or guardian due to such incidents. The bill proposes amendments to Virginia law, allowing custodial caregivers of children whose parents or guardians have died in such contexts to seek child support from offenders responsible for these tragedies. This move aims to ensure that children impacted in this manner receive necessary financial support to aid their upbringing despite the absence of a parent or guardian resulting from tragic circumstances.

Contention

However, SB1288 may invoke discussions about the extent of liability for offenders, leading to potential challenges regarding its implementation. Critics may question whether it is appropriate to impose child support obligations on individuals already facing criminal charges. Additionally, there are concerns regarding the practicalities of enforcing these support orders and their implications on the rehabilitation of those convicted of DUI. Ultimately, the discussion surrounding this bill could ignite debates around fairness and the balance between justice for children and the rights of offenders.