Bill > HB5099

This bill mandates that courts order defendants convicted of intoxication manslaughter, specifically an offense under §17-5-2(b) which refers to driving under the influence (DUI) causing death, to pay restitution for the support of any child whose parent or guardian was the victim of that offense. This restitution is to be paid monthly until the child turns 18 or graduates high school, whichever is later, and the amount will be determined by the court considering various factors such as the child's needs, the surviving guardian's resources, and the child's accustomed standard of living, with adjustments made if the child receives a monetary award from a civil lawsuit related to the incident. The bill also clarifies that restitution payments will not be required for individuals 19 years of age or older, and if the defendant is incarcerated, payments will begin no later than one year after their release, with any outstanding amounts still needing to be paid. Furthermore, any restitution paid will be deducted from civil judgments, and these restitution orders can be enforced like civil judgments. This Act is not retroactive and will take effect on July 1, 2026, applying only to offenses committed on or after that date.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5099&year=2026&sessiontype=RS&btype=bill