The bill H. 3287 proposes amendments to the South Carolina Code of Laws to establish restitution requirements for individuals convicted of certain offenses related to driving or operating watercraft under the influence of alcohol or drugs, specifically when the victims are parents of minor children. It introduces two new sections: Section 56-5-2937 and Section 50-21-118. Under these sections, individuals convicted of reckless vehicular homicide or operating moving water devices while under the influence, resulting in death, will be mandated to pay child maintenance to the victims' children until they reach eighteen years of age and graduate from high school. The court will determine the amount of maintenance based on various factors, including the financial needs of the child and the surviving parent or guardian.

Additionally, the bill outlines procedures for the payment of child maintenance, including the requirement for payments to be made to the clerk of court for remittance to the surviving parent or guardian. It also provides provisions for individuals who are incarcerated, allowing them up to one year after release to begin payments. Furthermore, if a civil action is brought against the convicted individual and a judgment is obtained, the child maintenance order will be offset by the amount awarded in the civil suit. This legislation aims to ensure that children of victims receive financial support following the loss of their parents due to the actions of individuals driving or operating watercraft under the influence.

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