The proposed bill aims to establish new provisions regarding restitution for the children of victims of criminal vehicular homicide in North Dakota. It introduces a new subdivision to subsection 4 of section 12.1-32-07, which mandates that when parental loss restitution is a condition of probation, the court must follow the guidelines set forth in chapter 39-08. Additionally, a new subsection to section 12.1-32-08 allows the court to order parental loss restitution during sentencing for individuals found guilty of criminal vehicular homicide. The bill also amends subsection 5 of section 12.1-32-06.1 to specify that the court may impose an additional period of unsupervised probation for those convicted of criminal vehicular homicide.

Furthermore, the bill creates a new section in chapter 39-08 detailing the process for parental loss restitution payments. It stipulates that if a convicted individual is found guilty of criminal vehicular homicide and the victim was a parent or legal guardian of a minor child, the court may order monthly restitution payments to the victim's children until they reach eighteen years of age. The bill outlines the factors the court may consider when determining the restitution amount, including the financial needs of the child and the surviving parent or guardian. It also establishes procedures for the enforcement of restitution orders, including provisions for individuals who are incarcerated and unable to pay. The act applies to criminal charges filed on or after its effective date.

Statutes affected:
INTRODUCED: 12.1-32-06.1
Prepared by the Legislative Council staff for Representative Paulson: 12.1-32-06.1