Amends TCA Title 39; Title 40 and Title 55.

Under present law, if a defendant is convicted of vehicular homicide as a result of intoxication or aggravated vehicular homicide and the deceased victim was the parent of a minor child, then the sentencing court is required to order the defendant to pay restitution in the form of child maintenance to each of the victim's children until each child reaches 18 years of age and has graduated from high school, or the class of which the child is a member when the child reached 18 years of age has graduated from high school ("maintenance payments"). Present law requires the court to determine an amount that is reasonable and necessary for maintenance payments after considering all relevant factors.<br /> <br /> Present law provides that if a defendant who is ordered to pay maintenance payments is incarcerated and unable to pay, then the defendant has up to one year after release from incarceration to begin payment. If a defendant's maintenance payments are set to terminate, but the defendant's obligation is not paid in full, then present law requires the maintenance payments to continue until the entire arrearage is paid.<br /> <br /> This bill adds to the provisions above that a surviving parent or guardian who is awarded such restitution may convert the restitution order to a civil judgment at any time by filing a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered. This bill authorizes the court to convert the restitution order into a civil judgment in the manner provided in the Tennessee Criminal Sentencing Reform Act of 1989.<br /> <br /> Present law also provides the following:<br /> <br /> (1) If the surviving parent or guardian of the child brings a civil action against the defendant prior to the sentencing court ordering maintenance payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then maintenance payments are prohibited from being ordered; and<br /> <br /> (2) If the court orders the defendant to make maintenance payments as restitution and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, then the maintenance payments order is required to be offset by the amount of the judgment awarded in the civil action.<br /> <br /> This bill rewrites (1) to authorize maintenance payments to be ordered and to have such maintenance payments be offset by the amount of damages that has been received by the surviving parent or guardian prior to the sentencing court entering an order of restitution in such situation.<br /> <br /> This bill rewrites (2) to provide that the maintenance payments order must be offset by the amount of damages received by the surviving parent or guardian pursuant to the civil action in such situation.<br /> <br /> ON MARCH 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 442, AS AMENDED.<br /> <br /> AMENDMENT #1 provides that this bill is known and may be cited as "Dillard's Law."<br />