HB 2589
An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in miscellaneous provisions relating to operation of vehicles, further providing for homicide by vehicle while driving under influence.
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Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends Pennsylvania law to address homicide by vehicle while driving under the influence. Specifically, if a convicted driver caused the death of a parent or legal guardian of a minor child or dependent, the court must order the defendant to pay restitution to support the child or dependent until they reach 19 years of age or complete their high school education. This restitution considers the child’s or dependent’s needs and the surviving parent’s resources, and can be managed by the court or a clerk of court. If a civil lawsuit is filed and a judgment is obtained, the restitution order will be offset.
Key provisions
- Requires restitution to support minor children or dependents of deceased parents or legal guardians who died as a result of a DUI homicide.
- Restitution continues until the child or dependent reaches 19 or completes high school.
- The sentencing court considers various factors when determining the amount of restitution, including financial needs, custody arrangements, and the child’s standard of living.
- Restitution can be managed by the court or a clerk of court.
- Civil judgments against the defendant will offset restitution orders.
- Defendants incarcerated and unable to pay restitution have one year after release to begin payments.
- If a civil action is brought and a judgment is obtained, restitution payments will not be ordered under this section.
Who is affected
- Defendants convicted of homicide by vehicle while driving under the influence
- Minor children and dependents of deceased parents or legal guardians
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