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ENGROSSED HOUSE
BILL NO. 2130 By: George of the House
and
Weaver of the Senate
An Act relating to motor vehicles; providing for
child support payments after certain vehicle
accidents resulting in death; requiring court to
consider certain factors when determining reasonable
or necessary child support; li sting factors for
consideration; requiring cou rt to be trustee for
support payments; requiring court remit certain
payments by certain time; requiring court deposit
certain receipts by c ertain time; allowing for a one-
year grace period for certain payments ; requiring
certain payments be made in full i ncluding any
arrearage; requiring certain civil action judgment
against a convicted pe rson not require certain child
support order; allowing certain civil action judgment
to offset certain child support orders; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11-902e of Title 47, unless
there is created a duplication i n numbering, reads as follows:
A. If a person is convicted of an offense of driving while
under the influence of alcohol or other intoxicat ing substance as
provided for in subsection A of Section 11 -902 of Title 47 of the
Oklahoma Statutes and such offens e caused the death of a parent or
parents of a child or c hildren, the sentencing court may order the
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defendant to pay restitution in the for m of child support to each of
the victim's children until each child reaches eighteen (18) years
of age and has graduated from high school, or the class of whic h the
child is a member, when the child reaches eighteen (18) years of
age, has graduated from h igh school.
B. The court shall determine an amount that is reasonab le and
necessary for the support of the victim's child after considering
all relevant factors, including:
1. The financial needs an d resources of the child;
2. The financial resources an d needs of the surviving parent or
guardian of the child, including the state if the child is in the
custody of the state;
3. The standard of living to which the child is accustomed;
4. The physical and emotional condition of the child and the
child's educational needs;
5. The child's physical and legal custody arrangements; and
6. The reasonable work-related child care expenses of the
surviving parent or guardian.
C. The court shall order that ch ild support payments be made to
the court as trustee for remittance to the child's surviving parent
or guardian. The court shall remit the payments to the surviving
parent or guardian within ten ( 10) working days of receipt by the
court. The court shall deposit all payments no later than the next
working day after receipt.
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D. If a defendant who is ordered to pay child support under
this section is incarcerated and unable to pay the required child
support, the defendant shall have up to one (1) year after his or
her release from incarceration to begin payment, including entering
a payment plan to addres s any arrearage. If a defendant's child
support payments are set to ter minate but the defendant 's obligation
is not paid in full, then the child support payments shall continue
until the entire arrearage is paid .
E. 1. If the surviving parent or guardian of the child brings
a civil action against the defendant prior to the sentencing court
ordering child support payments as restitution and the surviving
parent or guardian obtains a judgment in the civil suit, t hen no
child support shall be ordered under this se ction.
2. If the court orders the defendant to make child support
payments as restitution under this section and the surviving parent
or guardian subsequently brings a civil action and obtains a
judgment, then the child support order shall be offset by the amount
of the judgment awarded in the civil action.
SECTION 2. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 6th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate