Draft bill 14.

Summary.

The draft bill would require the competent criminal or civil judge to order child support, as a measure of comprehensive reparation, for a minor left without care following the death of one or both parents or a legal guardian. The measure concerns the operation of a motor vehicle under the influence of alcoholic beverages, narcotic, psychotropic or hallucinogenic substances, or any other substance that alters the driver's mental or physical faculties. It would apply when the person responsible has been found criminally guilty of negligent homicide or has been found responsible for the collision by a traffic judge. The deceased must have had the minor in their care, parental authority, guardianship or legal responsibility.

The competent criminal judge would set a monthly amount for the support of a minor whose father, mother or both have died. Payments would continue until the beneficiary reaches 19 years of age, or 25 years of age if the beneficiary remains enrolled at university, registers for all subjects and meets academic requirements on time. To set an amount that is reasonable and necessary for the minor's support, the judge would consider the minor's financial needs and resources and those of the surviving parent or guardian; the minor's customary standard of living; physical and emotional condition and educational needs; physical and legal custody arrangements; reasonable childcare expenses related to the work of the surviving parent, guardian or other current guardian; and the accused person's financial resources.

The court order would require restitution payments to be delivered monthly to the surviving father or mother or to the legal guardian. If a convicted person cannot make the required payments while deprived of liberty, payments would begin no later than within the first year following release. The accused person could enter into a payment plan for amounts overdue at the time of release, but would remain liable for all arrears even if the scheduled restitution period ended during incarceration.

The draft bill would also require the competent criminal or civil judge to order monthly compensation for a traffic accident victim whose temporary or permanent disability prevents them from working. This provision concerns cases in which the driver who caused the harm is found guilty or responsible, in traffic or criminal proceedings, for the collision or for personal injuries committed while operating a motor vehicle under the influence of the specified substances. The proposed law would take effect upon its promulgation in the Official Gazette (Gaceta Oficial).

The competent criminal and civil judges would impose the payments, while traffic judges and the criminal courts would make the findings of responsibility described in the draft bill. Its provisions could concern minors and their caregivers, traffic accident victims, drivers and the transport sector.