The proposed bill, HB2044, mandates that courts order defendants convicted of negligent homicide or manslaughter—specifically in cases where the defendant was operating a motor vehicle while intoxicated and caused the death of another person—to pay restitution for the support of any minor child whose parent or guardian was the victim. This restitution must be paid monthly until the child turns 18 or graduates from high school, whichever comes later. The court is required to consider various factors when determining the amount of restitution, including the financial needs of the child and their guardians, the child's standard of living, and the defendant's financial resources.

Additionally, if the Department of Child Safety is the legal guardian of the child, the court must appoint a trustee to ensure that the restitution is paid directly to the child, prohibiting the department from using these funds for its own costs. The bill also stipulates that if a defendant is unable to make restitution payments while confined in a correctional facility, they must begin payments within a year of their release and can enter a payment plan for any arrears. This legislation introduces specific requirements for restitution in cases involving child survivors of DUI-related homicides, which are not explicitly outlined in current law.

Statutes affected:
Introduced Version: 13-826
House Engrossed Version: 13-826