New Jersey Assembly Bill A5249

New Jersey 2022-2023 Regular Session

• Introduced: 2/28/23
• Refer: 2/28/23

Caption

Requires drunk driver to pay restitution on behalf of child if parent or guardian is killed by that driver.

Impact

The bill amends existing statutes concerning vehicular homicide in New Jersey, specifically targeting the implications for surviving minors. By enforcing a restitution requirement, the legislation aims to ensure that children impacted by such tragedies receive financial support during critical developmental years. This can significantly influence the current legal framework surrounding restitution in cases of drunk driving, shifting focus towards the wellbeing of the dependents of victims.

Summary

Assembly Bill A5249 introduces a mandate for restitution payments by individuals convicted of reckless vehicular homicide to provide financial support on behalf of children whose parent or guardian has been killed in such incidents. This law specifically targets cases involving drunk driving, where the convicted individual is required to pay restitution to cater to the needs of the child until they reach adulthood or complete their education, depending on their circumstances.

Contention

Notably, discussions around the bill may highlight issues of fairness regarding the financial burden placed on convicted individuals, as well as concerns about the enforceability of restitution payments, particularly when defendants face prison time. The law accommodates scenarios where a defendant may be unable to make payments due to incarceration, allowing obligations to accrue during their time in prison. Critics may argue that such restitution requirements could lead to complications in civil actions brought by surviving family members against the convicted individuals.