This bill proposes the addition of a new article to the Code of West Virginia, specifically addressing mandatory restitution payments for children whose parent or guardian has been a victim of a DUI causing death. Under the new provisions, a court will be required to order defendants convicted of such offenses to pay monthly restitution for the support of the affected child until they reach 18 years of age or graduate from high school, whichever is later. The bill outlines various factors that the court must consider when determining the amount of restitution, including the financial needs of the child and their surviving parent or guardian, as well as the child's standard of living and educational needs. It also specifies that restitution payments must be directed to the child's parent or guardian or the Department of Family and Protective Services, as applicable.

Additionally, the bill clarifies that it is not retroactive, meaning it will only apply to offenses committed on or after its effective date of July 1, 2026. It includes provisions for adjusting restitution amounts based on any civil judgments awarded to the child and allows for enforcement of the restitution order in the same manner as a civil judgment. The bill also stipulates that if a defendant is imprisoned, they must begin making restitution payments within a year of their release, and any arrears must be addressed regardless of the timing of their confinement.

Statutes affected:
Introduced Version: 61-11C-1, 61-11C-2, 61-11C-3