Senate Judiciary Committee hears bill to allow judges to order restitution for children after vehicular homicides

The Senate Judiciary Committee opened a hearing on House Bill 1558, which would allow judges in criminal vehicular homicide cases to order "parental loss restitution" to support minor children when a parent or legal guardian is killed, committee members heard on the bill's first committee appearance.

Representative Austin Schauer, the bill sponsor, told the committee HB 1558 "gives judges the authority to order child restitution payments when the person killed in the crash was a parent or guardian of a minor child." He walked the committee through the assembly's amended draft and the statutory factors the bill would require judges to consider.

The measure would place the parental-loss restitution provisions under the state's probation code, authorize restitution at sentencing or within 60 days, and allow payments to continue until the child reaches age 18, Schauer said. He described a process in which surviving parents or guardians submit a claim affidavit to the prosecutor at least 10 days before a restitution hearing, and listed seven statutory factors courts would weigh — including the child's financial needs and resources, the surviving parent's financial situation, the child's accustomed standard of living, educational needs, custody arrangements, reasonable work-related childcare expenses, and any money or insurance settlement received or anticipated arising from the incident.

"By establishing clear guidelines for calculating child restitution, HB…