The bill H. 3287 proposes amendments to the South Carolina Code of Laws, specifically by adding two new sections that mandate restitution in the form of child maintenance for children of victims who were parents and died as a result of certain offenses. Under the new Section 56-5-2937, individuals convicted of reckless vehicular homicide while under the influence of alcohol or drugs, or with prior DUI convictions, will be required to pay child maintenance to the victims' children until they reach eighteen years of age and graduate from high school. Similarly, Section 50-21-118 establishes the same requirement for those convicted of operating moving water devices under the influence when death results.

Both sections outline the factors the court must consider when determining the amount of child maintenance, including the financial needs of the child and the surviving parent or guardian. The bill also stipulates that payments must be made to the clerk of court for remittance to the child's guardian, with specific provisions for cases where the offender is incarcerated. Additionally, if a civil action is brought by the surviving parent or guardian, any judgment awarded will offset the child maintenance order. The act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 56-5-2937, 50-21-118
Latest Version: 56-5-2937, 50-21-118
12/06/2024: 56-5-2937, 50-21-118