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H5092 • 2026
Driving Under the Influence
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Driving Under the Influence
Introduced and read first time ( House Journal-page 10 )
Referred to Committee on Judiciary ( House Journal-page 10 )
Driving Under the Influence
2025-2026 Bill 5092: Driving Under the Influence - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Download This Bill in Microsoft Word Format Indicates Matter Stricken Indicates New Matter H. 5092 STATUS INFORMATION General Bill Sponsors: Reps. Teeple, Bowers, Pope, Duncan and Hiott Document Path: LC-0476CM26.docx Introduced in the House on February 4, 2026 Currently residing in the House Committee on Judiciary Summary: Driving Under the Influence HISTORY OF LEGISLATIVE ACTIONS Date Body Action Description with journal page number 2/4/2026 House Introduced and read first time ( House Journal-page 10 ) 2/4/2026 House Referred to Committee on Judiciary ( House Journal-page 10 ) View the latest legislative information at the website VERSIONS OF THIS BILL 02/04/2026 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. B e it enacted by the General Assembly of the State of South Carolina: S ECTION 1. C hapter 5, Title 56 of the S.C. Code is amended by adding: S ection 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. S ECTION 2. This act takes effect upon approval by the Governor. ----XX---- This web page was last updated on February 4, 2026 at 10:53 AM