Bill > HB115

This bill requires defendants convicted of causing the death or disability of a parent or legal guardian through driving under the influence to provide financial support to the victim's minor children until they reach 18 years old (or 19 if still in high school). The bill specifies that courts must consider various factors when determining the appropriate amount of financial support, including the child's financial needs, standard of living, educational requirements, and custody arrangements. Payments will be made first to the disabled or surviving parent/guardian, with the court clerk serving as a trustee if necessary. If the defendant is incarcerated, they will have up to one year after release to begin payments, and if payments are set to terminate before the full obligation is met, they must continue until the entire arrearage is paid. The bill also clarifies that if a civil lawsuit has already resulted in a full judgment and satisfaction of damages, restitution will not be ordered. Additionally, the bill amends existing driving under the influence statutes to include this new restitution requirement as part of sentencing, ensuring that children who lose a parent or guardian due to impaired driving receive financial support.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=115&year=2026