New York Senate Bill S05753 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5753 2025-2026 Regular Sessions  IN SENATE February 28, 2025 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to requiring intoxicated drivers to pay child support if such intoxicated driving results in the death of the parent or guardian of a minor child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "NYPD highway officer Anastasios Tsakos act". 3 § 2. The vehicle and traffic law is amended by adding a new section 4 1193-a to read as follows: 5 § 1193-a. Offenses resulting in death of parent or guardian of a minor 6 child. In addition to the imposition of any fine or period of imprison- 7 ment set forth in this chapter or under the penal law, where an individ- 8 ual is convicted of vehicular manslaughter in the second degree under 9 subdivision one of section 125.12 of the penal law due to the influence 10 of alcohol, vehicular manslaughter in the first degree under subdivision 11 one of section 125.13 of the penal law, or aggravated vehicular homicide 12 under subdivision one of section 125.14 of the penal law, and the 13 deceased victim of such offense was the parent or guardian of a minor 14 child, the sentencing court shall order such individual to pay restitu- 15 tion in the form of child support to each of such victim's children 16 until each such child reaches the age of eighteen and has graduated from 17 high school, or the class of which such child is a member when such 18 child reached the age of eighteen has graduated from high school, in 19 accordance with the following: 20 1. The court shall determine an amount that is reasonable and neces- 21 sary for the maintenance of the victim's child after considering all 22 relevant factors, including: 23 (a) The financial needs of such child; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05649-01-5 
 S. 5753 2 1 (b) The financial resources and needs of the surviving parent or guar- 2 dian of such child, including the state if such child is in the custody 3 of the office of children and family services; 4 (c) The standard of living to which such child is accustomed; 5 (d) The physical and emotional condition of such child and such 6 child's educational needs; 7 (e) Such child's physical and legal custody arrangements; and 8 (f) The reasonable work-related child care expenses of any surviving 9 parent or guardian of such child. 10 2. The court shall order that child support payments be made to the 11 clerk of court as trustee for remittance to the child's surviving parent 12 or guardian. The clerk shall remit the payments to the surviving parent 13 or guardian within three business days of receipt by the clerk. The 14 clerk shall deposit all payments no later than the next working day 15 after receipt. 16 3. If a defendant who is ordered to pay child support under this 17 section is incarcerated and unable to pay such required child support, 18 such defendant shall have up to one year after such defendant's release 19 from incarceration to begin payment, including entering a payment plan 20 to address any arrearage. If a defendant's child support payments under 21 this section are set to terminate but such defendant's obligation is not 22 paid in full, such child support payments shall continue until the 23 entire arrearage is paid. 24 4. (a) If the surviving parent or guardian of the child brings a civil 25 action against the defendant prior to the sentencing court ordering 26 child support payments under this section and such surviving parent or 27 guardian obtains a judgment in such civil suit, no such child support 28 shall be ordered under this section. 29 (b) If the court orders the defendant to make child support payments 30 as restitution under this section and the surviving parent or guardian 31 subsequently brings a civil action and obtains a judgment, such child 32 support order shall be offset by the amount of the judgment awarded in 33 such civil action. 34 § 3. This act shall take effect immediately and shall apply to 35 offenses committed on or after such date.