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SB 94

Requiring a person convicted of an offense that resulted in the incapacitation or death of a victim who is the parent or guardian of a minor child to pay restitution in the form of child support.

2025-2026 Regular Session Introduced by David Haley

SB 94 mandates criminals who kill or incapacitate a minor's parent pay child support restitution to affected dependents.

Died in Committee
#crimes #punishmentandcriminalprocedure
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WeVote Research Nonpartisan
Bill Summary · SB 94

Legislative bill overview

SB 94 would require individuals convicted of crimes that incapacitate or kill a parent or guardian of a minor child to pay court-ordered child support as part of their restitution. The bill targets situations where a criminal act directly removes a child's primary caregiver, creating financial hardship for the affected minor(s).

Why is this important

This addresses a genuine gap where victims' families—particularly children who lose a parent through crime—may face severe economic hardship without additional financial support mechanisms. The bill attempts to hold offenders financially accountable for cascading harms beyond the direct victim, including dependents left without parental support and income.

Potential points of contention

  • Enforceability concerns: Collecting child support from incarcerated individuals with minimal or no income raises practical questions about realistic payment amounts and collection mechanisms
  • Scope definition: The phrase "incapacitation" is broadly defined and could apply to varying degrees of disability, creating ambiguity about which cases qualify and potential litigation over threshold levels
  • Constitutional questions: Some may argue this extends restitution beyond traditional victim compensation into punitive territory, potentially raising due process concerns depending on how amounts are calculated
  • Resource implications: Determining appropriate support levels and administering additional restitution orders creates administrative burden for courts already managing criminal and family law cases separately

Compiled from official sources — confirm details with the bill’s official record.

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