New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S3655

Introduced
2/27/23  

Caption

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

Impact

As proposed, S3655 will amend existing laws concerning vehicular homicide in New Jersey, altering the approach courts take regarding restitution for minors who lose a parent or guardian in such incidents. The bill mandates the court to order financial support payments from the convict until the child reaches 18 or graduates high school, whichever comes later, or until 21 if the child is disabled. This aims to provide security to the children, ensuring that they can maintain a certain standard of living reflective of what they would have had if their parent remained alive.

Summary

Senate Bill S3655 requires that a drunk driver convicted of reckless vehicular homicide pay restitution on behalf of children when their parent or guardian is killed as a result of the driver's actions. This legislation is intended to ensure that the financial needs of the affected children are considered and addressed following a tragic loss, aiming to reduce the financial burden on surviving family members and to provide support until the children reach adulthood or graduation, whichever is later. The bill emphasizes the importance of acknowledging the impact of drunk driving not just on victims, but also on their survivors, especially children.

Contention

While the bill has support for its aim to protect vulnerable children, there may be concerns regarding the enforcement of restitution orders, especially for incarcerated individuals who may be unable to pay. Furthermore, discussions may arise regarding the balance between punishing offenders and providing for the victim's family, as well as potential financial impacts on the state if care is required for children placed under the care of state agencies. Overall, S3655 addresses an essential area in public safety and support for families affected by drunk driving, yet it also raises important questions about restitution mechanisms and obligations post-conviction.

Companion Bills

NJ A5249

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

Similar Bills

NJ A5249

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

NJ A589

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

NJ S2150

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

NJ S2679

Requires court to order financial support for child if child's parent or guardian is killed by drunk driver.

NJ A4088

Requires court to order financial support for child if child's parent or guardian is killed by drunk driver.

NJ S3273

Requires court to order financial support for child if child's parent or guardian is killed by drunk driver.

NJ A3568

Requires orders of restitution to child of parent or guardian killed by drunk driver.

NJ A1533

Requires orders of restitution to child of parent or guardian killed by drunk driver.