Signed by Governor Andy Beshear

Vote Smart's Synopsis:

Vote to pass a bill that authorizes courts to order restitution for children whose parents are killed or permanently disabled by an intoxicated driver.

Highlights:

• Authorizes Children or dependents whose parents or guardians are killed by a defendant who is convicted of driving under the influence then they may receive financial restitution until the child or dependent reaches the age of 18 or nineteen if the child is still in high school (Sec. 1). 

• Defines the determining factors in teh amount paid to the child to be determined by financial needs and resources of the child, financial needs and resources of the surviving parent, standard of living, physical or emotional needs of the child, and reasonable childcare expenses and costs of the surviving guardian or parent if applicable (Sec.1). 

• Requires that the clerk of courts function as a trustee of the payments meant for the cold or the child surviving guardian (Sec. 1). 

• Requires that if a dependent is released from incarceration then they have around 1 year to begin payment (Sec. 1). 

• Specifies that if a dependents obligation is not yet paid in full and the payments are set to terminate then payments will continue if the surviving parent or guardian brings civil action against the defendant (Sec. 1).

Full Bill Text