Hawaii 2025 Regular Session

Hawaii House Bill HB711

Introduced
1/21/25  

Caption

Related To Driving Under The Influence.

Impact

The implementation of HB711 is expected to have a profound impact on state laws regarding restitution and the obligations of those convicted of DUI offenses. By requiring financial support for minor children, the bill reinforces the accountability of offenders and addresses the emotional and economic fallout from their actions. Additionally, this adjustment to the legal system aligns with broader child welfare policies, underscoring the importance of protecting vulnerable populations, such as children who lose their primary caregivers due to negligent behavior. Courts will now take into consideration various factors in determining the amount of restitution, ensuring that financial support is commensurate with the children's needs.

Summary

House Bill 711 introduces significant changes to the legal framework concerning driving under the influence (DUI) incidents that result in the death of a parent or legal guardian of a minor child. Specifically, the bill mandates that any defendant convicted of causing such a death must provide financial support to the victim's surviving children. The financial support is required until the children reach eighteen years of age, or nineteen years if they are still enrolled in high school. This legislation emphasizes the state's responsibility to ensure that the basic needs of the victims' children are met, reducing the financial burden on families affected by DUI-related tragedies.

Contention

Despite the positive intentions behind HB711, there may be portions of the law that could lead to contention. Critics might argue about the practicality of enforcing such restitution, particularly in cases where the defendant may be unable to fulfill this obligation due to financial constraints or incarceration. Furthermore, some legal experts could raise concerns regarding the intersection of criminal justice and family law, questioning how financial support ordered by the court interacts with potential civil claims for damages pursued by the victims' families. Nonetheless, the bill represents a legislative effort to bridge the gap between criminal accountability and social responsibility.

Companion Bills

HI SB225

Same As Related To Driving Under The Influence.

Previously Filed As

HI SB225

Related To Driving Under The Influence.

HI SB356

Relating To Driving Under The Influence.

HI HB115

Relating To Driving Under The Influence.

HI SB205

Relating to driving while under the influence of intoxicants.

HI HB2499

Relating to driving while under the influence of intoxicants.

HI HB3174

Relating to driving while under the influence of intoxicants; prescribing an effective date.

HI SB848

Relating to driving while under the influence of intoxicants; prescribing an effective date.

Similar Bills

HI SB225

Related To Driving Under The Influence.

HI SB45

Relating To Restitution.

TX HB210

Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter.

TX HB393

Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter.

TX HB1202

Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter.

TX SB703

Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter.

NC H400

Bentley's Law

HI SB356

Relating To Driving Under The Influence.