Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB87

Introduced
3/1/23  
Refer
3/1/23  
Report Pass
2/8/24  

Caption

Restitution upon conviction of vehicular homicide. (FE)

Impact

The notable change introduced by SB87 is the shift in restitution payments, directing them to the surviving parent or guardian of the victim’s child instead of the victim’s estate. Under this new provision, the courts will evaluate various factors, including the children’s accustomed standard of living and any reasonable work-related childcare expenses of the surviving parent or guardian. This change aims to provide better financial support for children who lose a parent due to vehicular homicide, ensuring their welfare and stability.

Summary

Senate Bill 87, introduced in the 2023 Wisconsin Legislature, addresses the issue of restitution for victims of vehicular homicide, particularly focusing on the financial obligations of defendants towards the children of deceased victims. The bill seeks to amend current laws regarding the restitution process, allowing courts to consider the specific financial needs and resources of minor children when imposing restitution payments upon conviction of vehicular homicide. This means that if a defendant is convicted of such a crime, the court may require them to pay maintenance costs for the victim's children until they reach adulthood or complete high school, whichever comes later.

Conclusion

SB87, if enacted, will ensure that children of victims of vehicular homicide receive necessary financial support while maintaining the essential rights of parents or guardians to seek civil damages. This represents a significant legislative step towards enhancing victim restitution law and advocates for child welfare following tragic incidents, marking it as a crucial change in Wisconsin's legal statutes.

Contention

However, there are potential points of contention surrounding the bill. Opponents may argue about the balance of rights between civil suits and restitution orders, particularly regarding how restitution impacts the ability of parents or guardians to sue for additional damages. The bill also stipulates that if civil damages are awarded prior to the restitution judgment, the restitution amount will be reduced accordingly, raising questions about the adequacy and fairness of victims’ financial compensation. Additionally, there may be concerns over how the courts assess factors like emotional needs and child care expenses, which can be subjective.

Companion Bills

No companion bills found.

Previously Filed As

WI AB87

Restitution upon conviction of vehicular homicide. (FE)

WI HB91

Provides relative to vehicular homicide

WI HB51

Provides relative to vehicular homicide

WI HB1195

Provide authority for a court to order offenders convicted of vehicular homicide to pay restitution to a victim's children until age eighteen.

WI HB47

Motor vehicles; require restitution for certain convictions of homicide by vehicle or vessel when operating under the influence of alcohol or drugs

WI HB1131

To Provide For Restitution For A Homicide Victim's Surviving Dependent Child When The Defendant Was Driving Or Boating While Intoxicated At The Time Of The Homicide; And To Establish Bentley's Law.

WI HB712

Provide for restitution payments to children of certain homicide victims

WI HB439

Creates the Victims of Vehicular Homicide Fund (EN INCREASE GF EX See Note)

WI HB1107

To Provide For Reasonable Child Support For Any Surviving Dependent Child Of A Homicide Victim When The Defendant Was Driving Or Boating While Intoxicated When The Homicide Offense Occurred.

WI SB2724

Relating To Victim Restitution.

Similar Bills

HI SB2724

Relating To Victim Restitution.

HI SB225

Related To Driving Under The Influence.

HI SB2017

Relating To Financial Support Of A Child After Driving Under The Influence.

HI SB3295

Related To Driving Under The Influence.

HI HB711

Related To Driving Under The Influence.

HI SB45

Relating To Restitution.

WI AB87

Restitution upon conviction of vehicular homicide. (FE)

AZ HB2044

Restitution; child survivors; DUI.