HB 5099
Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a system for requiring convicted DUI offenders who cause death to pay restitution for the support of the victim’s child. The court will determine a monthly payment amount until the child turns 18 or graduates high school, adjusting it based on the child’s needs and the victim’s or guardian’s financial situation. The bill also addresses how civil judgments and insurance payments related to the accident will impact restitution orders and outlines procedures for payment when the defendant is incarcerated.
Key provisions
- Requires DUI offenders convicted of causing death to pay restitution for the child of the victim.
- Determines monthly restitution payments until the child reaches 18 or graduates high school.
- Adjusts restitution amounts based on the child’s needs, the victim’s or guardian’s financial resources, and the child’s standard of living.
- Offsets restitution payments with civil judgments and insurance settlements.
- Allows for payment plans if the defendant is incarcerated.
- Restitution payments are delivered to the parent/guardian or Department of Family and Protective Services.
- Excludes restitution payments for individuals 19 years of age or older.
- The law does not apply to offenses committed before the effective date.
Who is affected
- DUI offenders
- Children of DUI victims who died
- Parents and guardians of children affected
- The Department of Family and Protective Services
- The courts
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