New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A1533

Introduced
1/9/24  

Caption

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

Impact

The bill amends New Jersey's current laws relating to vehicular homicide as defined under N.J.S.2C:11-5. It introduces a specific requirement for the courts to consider the financial implications and loss of support for the survivor minors when determining restitution in cases involving drunk driving fatalities. Under the current framework, restitution is generally left to the discretion of the court, but A1533 standardizes and strengthens this particular element, arguably providing greater protection for minors left without parental support due to reckless driving incidents.

Summary

Assembly Bill A1533 requires that courts order restitution to be paid to children of parents or guardians killed by drunk drivers. This newly proposed legislation seeks to amend existing vehicular homicide laws, explicitly mandating that when a driver’s negligent actions result in the fatality of a parent or guardian, financial compensation for lost support must be provided to the affected minor child. The restitution is designed to cover the loss of financial support until the child reaches the age of 18, or 21 if the child is disabled, ensuring that the financial wellbeing of vulnerable children is prioritized in such tragic circumstances.

Contention

There could be points of contention surrounding A1533, particularly with respect to the practical implications of enforcing mandatory restitution. Critics may express concern regarding how the restitution amounts will be determined, the potential burden it imposes on offenders, and the broader implications for the judicial process in drunk driving cases. Proponents of the bill, however, likely argue that it is essential for those responsible to adequately compensate for the harm caused to innocent children, thus providing them necessary support in their formative years following the tragedy.

Companion Bills

NJ A3568

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

Similar Bills

NJ A3568

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

NJ S2150

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 S3655

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

NJ A5249

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

NJ A4088

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

NJ S2679

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.