PREFILED JAN 02 2024
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REFERENCE TITLE: restitution; child survivors; DUI |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1027 |
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Introduced by Senator Kavanagh
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An Act
amending title 13, chapter 8, Arizona Revised Statutes, by adding section 13-826; relating to restitution.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 8, Arizona Revised Statutes, is amended by adding section 13-826, to read:
13-826. Restitution for minor child of victim of certain homicides
A. If a defendant is convicted of a violation of section 13-1102 or section 13-1103, subsection A and the offense involved the defendant operating a motor vehicle while intoxicated, and because of that intoxication, the defendant caused the death of another by accident or mistake, the court shall order the defendant to pay restitution for the support of a minor child whose parent or guardian was the victim of the offense. The court shall order the support to be paid monthly until the minor child reaches eighteen years of age or graduates from high school, whichever is later.
B. The court shall determine the manner in which the restitution is to be paid. In determining an amount of restitution that is reasonable and necessary to support the minor child, the court shall consider all relevant factors, including all of the following:
1. The financial needs and resources of the minor child.
2. The financial needs and resources of the surviving parent or guardian, if any, or of another current guardian of the minor child or, if applicable, the financial resources of this state if the department of child safety is appointed as the temporary or permanent managing conservator of the minor child.
3. The standard of living to which the minor child is accustomed.
4. The physical and emotional condition of the minor child and the minor child's educational needs.
5. The minor child's physical and legal custody arrangements.
6. The reasonable work-related child care expenses of the surviving parent or guardian or other current guardian, if applicable.
7. The financial resources of the defendant.
C. If a defendant is ordered to pay restitution under this section and is unable to make the required restitution payments because the defendant is confined in a correctional facility, the defendant shall begin payments not later than the first anniversary of the date of the defendant's release from confinement. The defendant may enter into a payment plan to address any arrearage that exists on the date of the defendant's release from confinement. The defendant must pay all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined in the correctional facility.