Bill

Bill > HB712


MT HB712

Provide for restitution payments to children of certain homicide victims


summary

Introduced
02/24/2025
In Committee
03/17/2025
Crossed Over
03/07/2025
Passed
05/08/2025
Dead
Signed/Enacted/Adopted
05/13/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT GENERALLY REVISING RESTITUTION LAWS; REQUIRING A PERSON CONVICTED OF THE OFFENSE OF VEHICULAR HOMICIDE WHILE UNDER THE INFLUENCE TO PAY RESTITUTION FOR THE SUPPORT OF EACH MINOR CHILD WHOSE PARENT OR GUARDIAN WAS THE VICTIM OF THE OFFENSE; PROVIDING EXCEPTIONS; AND AMING SECTIONS 45-5-106, 46-18-201, AND 46-18-241, MCA.”

AI Summary

This bill requires individuals convicted of vehicular homicide while under the influence to pay monthly restitution to support the minor children of the victim until the child turns 18 or graduates from high school, whichever is later. The court will determine a reasonable restitution amount by considering factors such as the child's financial needs, standard of living, physical and emotional condition, educational requirements, custody arrangements, and the defendant's financial resources. The bill specifies that restitution payments cannot be required for children 19 years or older and that if the surviving parent or guardian has already obtained a civil judgment against the defendant, the restitution order will be offset by that amount. If the defendant is incarcerated and unable to make payments, they must begin paying no later than one year after their release, continuing until the full amount is paid. The legislation amends existing Montana law to explicitly add this restitution requirement for vehicular homicide cases involving intoxication, ensuring that children who have lost a parent to such a crime receive financial support from the responsible party.

Committee Categories

Justice

Sponsors (1)

Last Action

Chapter Number Assigned (on 05/13/2025)

bill text


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