Bill > SB356

This bill establishes a new legal requirement for 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. Under the proposed law, the sentencing court must order restitution payments to support each child until they reach 18 years old, or 19 if still enrolled in high school. The court will determine the appropriate financial support amount by considering factors such as the child's financial needs, the resources of the remaining parent or guardian, the child's standard of living, educational needs, custody arrangements, and child care expenses. Payments will first be made 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. The bill also specifies that if a civil lawsuit has already resulted in a full judgment and damages, restitution will not be ordered, and if restitution is ordered and a subsequent civil judgment is obtained, the restitution will be offset by the amount of the civil judgment. The legislation defines "disabled" broadly, including psychological and psychiatric conditions that impair a person's ability to make informed decisions about health and safety.

Justice, Transportation and Infrastructure

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=356&year=2026