New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S3273

Introduced
5/16/24  

Caption

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

Impact

Under this legislation, the courts will assess various factors to determine the amount of financial support owed to the child, including the child's needs, the living standards they are accustomed to, and the resources available to the surviving caregiver. Provisions include support until the child turns 18, graduates high school, or reaches 21 in cases of physical or mental disabilities. The law stipulates a minimum support duration of five years, which adds stability for the affected children and families.

Summary

Senate Bill S3273, introduced in New Jersey, aims to provide financial support to children whose parents or guardians are killed in incidents involving drunk driving. The bill mandates that courts order the convicted drunk driver to pay financial support for the minor child of the deceased parent or guardian as part of the sentencing. This provision seeks to address the financial vulnerability that children may face following such tragic deaths, ensuring their ongoing wellbeing.

Contention

Points of contention surrounding S3273 may include concerns about the judicial system's ability to enforce these financial obligations, especially when the defendant is sentenced to prison or may be unable to pay due to other financial constraints. Critics might argue whether this approach places undue hardship on individuals already facing incarceration, and how it integrates with existing civil recovery processes for the victims’ families. The balance between ensuring that bereaved children receive necessary support and not overburdening convicted individuals will likely be an area of debate.

Companion Bills

NJ S2679

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

NJ A4088

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

Previously Filed As

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 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.

NJ S3655

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 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 A5066

"Daniel Kearney's Law"; establishes criminal penalties for driving in violation of probationary driver's license restrictions in certain circumstances.

NJ S2295

Concerns pretrail and post-trial considerations for certain crimes involving operation of vehicles, including rebuttable presumption for pretrial detention, pretial recommendation of no release from detention, suspension or revocation of license, and vehicle forfeiture.

Similar Bills

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 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.