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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session


Posted: December 1, 2021 02:05 PM
From: Senator Marty Flynn
To: All Senate members
Subject: Requiring DUI Offenders to Pay Child Support if Parent is Killed in an Accident
In the near future, I plan to introduce legislation modeled after a proposal in Missouri that will require drunk drivers who cause the death of a parent or guardian to pay child support to a surviving spouse or relative until the child is 18 years old. This proposal was spearheaded by a grandmother in Missouri whose son, his fiancée, and their infant son were killed by a drunk driver in a car accident.

Specifically, the legislation will direct judges presiding over these cases to include this provision as part of the offender’s sentence under the subject of ‘restitution’. This will preclude the need for separate, civil action that not only forces families to relive memories of the tragic incident, but also adds additional layers of legal action that tax our judicial system. This legislation will also ensure that the surviving caretaker at least has some financial assistance to provide for the surviving child or children. 

Please join me in co-sponsoring this measure to hold drunk drivers responsible for the lives that they irreversibly impact. There is nothing that can be done to bring back the loved ones lost to the reckless, selfish decisions of drunk drivers; however, this measure aims to further deter drunk driving and ensure that those who suffer the tragic consequences of losing a family member are given the justice they deserve.

Introduced as SB1088