HB1107
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.
Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment
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AI-Generated Summary
House Bill 1107 authorizes Arkansas circuit courts to order defendants convicted of homicide to pay child support to the victim’s surviving dependent children if the homicide occurred while the defendant was driving or boating while intoxicated. The bill defines a 'dependent child' as someone under 20 years of age. Courts must consider various financial and personal factors when determining the 'reasonable' amount of support. The bill establishes a process for payments to be handled through the circuit court clerk. It also provides provisions for incarcerated defendants to begin payments after their release. Additionally, the bill mandates that these payments be offset or eliminated if the victim's family successfully obtains a separate civil judgment for monetary damages against the defendant. The obligation continues until the child turns 20 or the court-ordered amount is paid in full.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are the minor dependent children of individuals killed in homicides involving intoxicated drivers or boaters. Surviving parents, legal guardians, and state agencies, such as the Department of Human Services, that provide care for these children also benefit by receiving financial resources to help support the children's maintenance, education, and standard of living.
Who Might Suffer?
The primary group negatively impacted are individuals convicted of homicide offenses involving driving or boating while intoxicated. These defendants face an ongoing financial obligation imposed by the criminal court, which persists even if they are incarcerated, though the bill allows for a delay in payments until after their release. They are essentially held financially liable for the long-term support of the victims' children, which represents a significant post-conviction financial burden.
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