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House approves restitution option for children of criminal vehicular homicide victims
Summary
House Bill 15-58 allows courts, when sentencing for criminal vehicular homicide, to consider monthly parental-loss restitution payments to a victim’s child until age 18; the bill passed the House after unanimous committee recommendation.
The House passed House Bill 15-58, which authorizes courts to consider ordering monthly parental-loss restitution to each child of a victim of criminal vehicular homicide until the child reaches 18 years old.
Representative Clermaine, reporting the Judiciary Committee recommendation, said the bill allows the court to consider multiple factors — including the child's financial needs, the surviving parent's resources, the child’s standard of living, physical and emotional condition, and educational needs — when determining the amount of restitution. Clermaine said the payment resembles child support and that payments may be remitted through the clerk of court to the state's attorney for distribution to the surviving parent or guardian.
The bill also sets procedures for incarcerated defendants: if ordered to pay but unable while incarcerated, the individual must begin payments, including arrearages, within one year after release. The measure permits a civil judgment and applies to criminal charges filed on or after Aug. 1, 2025. The Judiciary Committee reported a unanimous do-pass recommendation.
The clerk recorded the final vote as 84 yeas and 8 nays; House Bill 15-58 was declared passed.
Supporters said the change provides courts an explicit tool to address children’s economic loss after a parent’s death in criminal vehicular homicide proceedings; the bill lists specific factors the court must consider when setting restitution.
