Department of Finance and Administration
Legislative Impact Statement
Bill: HB1107
Bill Subtitle: TO PROVIDE FOR REASONABLE CHILD SUPPORT FOR ANY SURVIVING
DEPENDENT CHILD OF A HOMICIDE VICTIM WHEN THE DEFENDANT WAS DRIVING OR
BOATING WHILE INTOXICATED WHEN THE HOMICIDE OFFENSE OCCURRED.
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Basic Change :
Sponsors: Rep. Rye and Sen. Wallace
HB1107 creates a new section in the Arkansas Code, § 5-4-208, to provide for restitution from a
person convicted of a homicide offense under § 5-10-101 et seq. and who was driving or boating while
intoxicated under § 5-65-103 at the time of the event for the financial support of a dependent child,
including an adopted child or stepchild, of the homicide victim until the child is 20 years old. Restitution
may be ordered if sought as part of the information or indictment in the homicide charge. The amount
of financial support to be provided would be based on various factors related to the needs and
resources of the child and surviving parent or guardian. Payment would be made through the circuit
court clerk for remittance to the surviving parent or guardian. If the person convicted of homicide were
incarcerated and unable to pay, he or she would have up to one year after release to begin payment
and enter into a payment plan for any arrearage. If a surviving parent or guardian were awarded civil
damages against the person convicted, restitution under the section would not be awarded or, if
already ordered, would be offset by the amount of the monetary award.
Revenue Impact :
None.
Taxpayer Impact :
The parent or guardians of a dependent child whose other parent was killed in an impaired driving or
boating incident would have an avenue to obtain financial support for the children from the person
convicted of the homicide.
Resources Required :
None.
Time Required :
None.
Procedural Changes :
None.
Other Comments :
None.
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 Department of Finance and Administration
Legislative Impact Statement
Bill: HB1107
Bill Subtitle: TO PROVIDE FOR REASONABLE CHILD SUPPORT FOR ANY SURVIVING
DEPENDENT CHILD OF A HOMICIDE VICTIM WHEN THE DEFENDANT WAS DRIVING OR
BOATING WHILE INTOXICATED WHEN THE HOMICIDE OFFENSE OCCURRED.
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Legal Analysis :
The financial support proposed in HB1107 is restitution and not child support under domestic relations
law. As such, collections tools and resources, including the services of the Office of Child Support
Enforcement, used to collect child support from a parent in a domestic relations case would not
generally be available to collect an obligation resulting from an order under the bill if enacted.
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