The bill H. 5092 proposes an amendment to the South Carolina Code of Laws by adding Section 56-5-2960, which mandates that individuals convicted of felony driving under the influence (DUI) resulting in the death of a parent or guardian must pay child support to the victim's minor children or dependents until they reach the age of twenty-two. The court is required to determine the amount of financial support based on various factors, including the financial needs of the child, the resources of the surviving parent or guardian, and the child's standard of living and educational needs.

Additionally, the bill outlines provisions regarding civil actions brought by the surviving parent or guardian. If a civil suit is filed and a judgment is obtained before the court orders restitution, the restitution will not be required. However, if restitution is ordered and a subsequent civil judgment is awarded, the restitution amount will be reduced by the amount of the civil judgment. This legislation aims to ensure that children or dependents of victims receive necessary financial support while also addressing potential overlaps with civil claims. The act will take effect upon approval by the Governor.

Statutes affected:
02/04/2026: 56-5-2960
Latest Version: 56-5-2960