The proposed bill aims to amend existing North Dakota law regarding restitution for the children of victims of criminal vehicular homicide and the conditions of probation for offenders. 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 procedures outlined 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 clarify that the court may impose an additional period of unsupervised probation for those convicted of such offenses.

Furthermore, the bill establishes a new section in chapter 39-08 that details the process for parental loss restitution payments. It specifies 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 stipulates that if the individual is incarcerated and unable to pay, they must begin payments within one year of their release. The bill 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