The Sam Knisley Family Support Act amends section 2929.18 and enacts section 2125.05 of the Revised Code to mandate that felony offenders convicted of aggravated vehicular homicide due to operating a vehicle under the influence (OVI) must pay child maintenance if the victim was a parent, legal guardian, or custodian of a minor child. This new provision allows courts to award child maintenance in civil wrongful death actions even if the offender is deceased, ensuring that financial support for the victim's minor children continues. The amount of child maintenance will be calculated based on the basic child support schedule, with payments required from the offender's estate to the surviving parent or guardian. Additionally, the bill specifies that if a civil action for child maintenance has already been settled, no further maintenance will be ordered.
The bill also modifies existing language in section 2929.18 regarding financial sanctions for offenders, particularly those convicted of felony violations related to aggravated vehicular homicide. It requires courts to order restitution in the form of child maintenance until the child reaches eighteen years of age. Furthermore, the bill updates the reference for the maximum statutory fine amount and establishes that if mandatory fines exceed the maximum allowed, no additional fines can be imposed. It also introduces provisions for restitution to victims of human trafficking, allows fines for sexually oriented offenses, and clarifies the collection process for financial sanctions. The act emphasizes that financial sanctions do not prevent victims from pursuing civil actions and requires restitution and fines imposed on businesses to be paid from their assets.
Statutes affected: As Introduced: 2929.18