Bill > H2038

This bill amends Chapter 265 of the Massachusetts General Laws to require that defendants convicted of vehicular homicide while intoxicated and resulting in the death of a parent or guardian must pay restitution to the victim's surviving children. The restitution will be paid monthly to support the child until they reach 18 or graduate high school, whichever occurs later. In cases where the child is pursuing higher education, restitution can continue until the child is 22 or graduates from their higher education program. The court will determine a reasonable restitution amount by considering 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 child care expenses. Payments will be made to the surviving parent or guardian, and if the defendant is unable to pay due to incarceration, they must begin payments within one year of their release and can establish a payment plan to address any accumulated arrears. This legislation aims to provide financial support for children who have lost a parent to a drunk driving incident.

Justice

https://malegislature.gov/Bills/194/H2038