New York Senate Bill S05753

New York 2025-2026 Regular Session

• Introduced: 2/28/25
• Refer: 2/28/25
• Refer: 1/7/26

Caption

Enacts the "NYPD highway officer Anastasios Tsakos act"; requires intoxicated drivers to pay child support if such intoxicated driving results in the death of the parent or guardian of a minor child due to the influence of alcohol.

Summary

S05753 would create a new restitution requirement for certain intoxicated-driving homicide convictions. If a person is convicted of vehicular manslaughter in the second degree, vehicular manslaughter in the first degree, or aggravated vehicular homicide, and the victim was the parent or guardian of a minor child, the sentencing court would be required to order the defendant to pay child support to the victim’s children. The support obligation would continue until each child turns 18 and graduates from high school, or the applicable high school class graduates. The bill directs courts to set the amount based on the child’s needs and the surviving caregiver’s resources, along with factors such as the child’s standard of living, emotional and educational needs, custody arrangements, and child care expenses. Payments would be made through the court clerk, who would act as trustee and forward the money to the surviving parent or guardian. The bill also addresses incarceration by allowing payment to begin within one year after release and requiring arrears to continue until paid in full. It further prevents double recovery by offsetting or barring the support order if a civil judgment has already been obtained for the same loss.

Impact

The bill would amend the Vehicle and Traffic Law by adding a new section 1193-a and would create a new sentencing-related restitution mechanism tied to certain alcohol-related vehicular homicide offenses under the Penal Law. It would not change the criminal penalties for those offenses, but would add a mandatory child-support obligation when the victim leaves behind minor children. Courts, clerks of court, surviving caregivers, and incarcerated defendants would all be affected, and the state could be involved where a child is in the custody of the Office of Children and Family Services.

Sentiment

The available context shows the bill as a memorial-style response to a tragic drunk-driving death, reflected in its naming as the "NYPD highway officer Anastasios Tsakos act." Although there are no committee transcripts or recorded votes provided, the bill’s framing suggests a sympathetic and victim-centered purpose, focused on helping children who lose a parent or guardian because of intoxicated driving. The proposal appears intended to be punitive toward offenders while also providing financial support for affected children.

Contention

The main policy issue is whether child support should be imposed as a criminal restitution consequence for a defendant whose offense caused the death of a parent or guardian. Supporters would likely emphasize the need to provide for children left without a caregiver and to hold intoxicated drivers financially accountable. Potential concerns include the practical ability of defendants to pay, especially if incarcerated, the interaction with civil wrongful-death recoveries, and whether a criminal court should be tasked with setting ongoing support obligations based on family-law factors. The bill addresses some of these concerns by allowing delayed payment after incarceration and by offsetting civil judgments.