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Panel approves restitution measure for children after intoxicated-driving deaths or disability
Summary
On Feb. 6 the Senate Judiciary Committee advanced SB 356, a bill that would require a defendant convicted of causing the death or disability of a parent or legal guardian by vehicle operation while under the influence to make restitution in the form of financial support to each child of the victim.
On Feb. 6 the Senate Judiciary Committee advanced SB 356, a bill that would require a defendant convicted of causing the death or disability of a parent or legal guardian by vehicle operation while under the influence to make restitution in the form of financial support to each child of the victim.
William Bento of the Office of the Public Defender testified in opposition, arguing courts lack an effective enforcement mechanism under criminal restitution alone because a sentencing court loses jurisdiction when a jail term or probation expires. "The court loses jurisdiction over that person at that point in time," Bento said, and he recommended those remedies be left to civil courts, which issue freestanding restitution orders that can be enforced as civil judgments.
Daniel Hugo, representing the Honolulu Prosecuting Attorney's Office, supported the bill and said courts already consider whether restitution is reasonable and verified, whether a causal connection exists between the crime and the loss, and whether the victim requests restitution. "They can decide what would be a reasonable amount of support going forward," Hugo said, noting freestanding orders of restitution can later be enforced as civil judgments.
Victim advocates and Mothers Against Drunk Driving also testified in support; McKenna Young of Mothers Against Drunk Driving said she supported the bill.
After discussion the committee voted to advance SB 356 with amendments. The chair called the question and recorded ayes from the chair and committee members present; senators Gabbard and Chang were recorded as excused. The committee's action was reported as "pass with amendments."
The testimony revealed competing concerns about enforceability and the practical mechanics for setting and collecting long-term restitution for children of victims; proponents said courts already have tools to set reasonable ongoing support amounts and that freestanding restitution orders can be enforced in civil proceedings.
The committee's approval with amendments sends the bill to the next stage in the legislative process, with stakeholders expecting follow-up on enforcement mechanics and offsets for civil recovery or insurance proceeds.
