Bill > SB45

This bill creates a new legal provision requiring defendants convicted of vehicular homicide (specifically violating section 707-702.5(1)(a)) to provide financial restitution to the children of the victim. The bill mandates that for children under 18, the court must order financial support, and for children 18 and older, the court may order support. The restitution payments will continue until the child turns 18 or graduates high school, whichever is later. When determining the amount of support, the court must consider factors such as the child's financial needs, the surviving parent's resources, the child's standard of living, physical and emotional condition, educational needs, custody arrangements, and childcare expenses. Payments will be made to the court clerk, who will then distribute funds to the child's parent, guardian, or the Department of Human Services. If the defendant is incarcerated, they must begin making restitution payments within one year of release and can establish a payment plan for any accumulated arrears. Additionally, any restitution recovered will be deducted from potential future civil judgments related to the same incident. The bill also amends existing statutes to clarify that the court should not consider the defendant's financial ability when determining the restitution amount, but may consider it when establishing payment terms.

Transportation and Infrastructure

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=45&year=2026