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Bill to let judges order parental-loss restitution for children of victims draws support and procedural concerns

2166680 · January 29, 2025
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Summary

House Bill 1558 would allow judges to order parental-loss restitution to financially support minor children when a parent or guardian is killed in certain driving-related criminal offenses; supporters including MADD and victim-family members urged the measure, while indigent-defense counsel warned of constitutional and probation-supervision complications.

BISMARCK, N.D. ' House Bill 1558, sponsored by Representative Austin Schauer, would authorize judges to order parental-loss restitution to support minor children when a parent or guardian is killed in certain driving-related criminal offenses. The bill drew emotional testimony from a surviving grandfather and support from Mothers Against Drunk Driving (MADD), and legal caution from the commission representing indigent-defense clients.

Schauer said the proposal would allow courts to consider factors such as the child's financial needs, standard of living, custody arrangements and educational costs when setting a parental-loss restitution amount. The sponsor said payments…

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