South Carolina H 5092: Driving Under the Influence

Bill Text

2025-2026 Bill 5092 Text of Previous Version (Feb. 04, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5092

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODES OF LAWS BY ADDING 
SECTION 56-5-2960 SO AS TO PROVIDE THAT A PERSON CONVICTED OF FELONY DRIVING 
UNDER THE INFLUENCE RESULTING IN THE DEATH OF A PARENT OR GUARDIAN MUST BE 
ORDERED TO PAY CHILD SUPPORT UNTIL THE CHILD OR DEPENDENT REACHES THE AGE OF 
TWENTY-TWO.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 5, Title 56 of the S.C. Code is amended by 
adding:

 Section 
56-5-2960. (A)(1) If a defendant is 
convicted of a violation of Section 56-5-2945(B) and the violation caused the 
death of a parent or guardian of a minor child, then the sentencing court must 
order the defendant to pay restitution in the form of financial support to each 
child or dependent of the victim until the child or dependent reaches twenty-two 
years of age.

 (2) 
In determining an amount that is reasonable and necessary for the financial 
support of the victim's child or dependent, the court shall consider all 
relevant factors, including the:

 (a) 
financial needs and resources of the child or dependent;

 (b) 
financial resources and needs of the surviving parent or guardian of the child 
or dependent;

 (c) 
standard of living to which the child or dependent is accustomed;

 (d) 
physical and emotional condition of the child or dependent and the child's or 
dependent's educational needs;

 (e) 
child's or dependent's physical and legal custody arrangements; and

 (f) 
reasonable childcare expenses of the surviving parent or guardian.

 (B)(1) If the surviving parent or 
guardian of the child or dependent brings a civil action against the defendant 
before the sentencing court orders restitution to financially support the child 
or dependent and the surviving parent or guardian obtains a judgment and full 
satisfaction of damages in the civil suit, restitution shall not be ordered 
under this section.

 (2) 
If the court orders the defendant to pay restitution to financially support the 
child or dependent under this section and the surviving parent or guardian 
subsequently brings a civil action and obtains a judgment, the restitution 
order shall be offset by the amount of the judgment awarded and paid by the 
defendant or the defendant's insurance for lost wages or permanent impairment 
of the power to work and earn money in the civil action.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on February 04, 2026 at 10:52 AM