Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2038

Introduced
2/27/25  

Caption

To require restitution for a child whose parent is killed by a drunk driver

Impact

The bill amends Section 13 ½ of Chapter 265 of the General Laws, imposing obligations on courts to mandate monthly restitution payments determined based on the child's needs until they reach adulthood or complete their schooling. This provision is intended to ensure that children who lose a parent to a drunk driving incident are not left without financial resources during their formative years, promoting a safeguard against sudden financial hardship.

Summary

House Bill 2038, introduced by Representative Marcus S. Vaughn and co-sponsored by Bruce E. Tarr, proposes the requirement for restitution payments from individuals convicted of vehicular homicide while under the influence of alcohol or drugs, specifically pertaining to the surviving children of the victim. This legislation is aimed at providing financial support to the dependents of individuals killed by drunk drivers, recognizing the significant social and economic impacts such a tragedy can have on families.

Contention

While the bill has garnered attention for its protective intent towards children, it may face opposition due to the challenges in enforcement, particularly regarding the ability of convicted individuals to make these payments. Concerns may arise over the financial burden on convicted individuals who may already be facing incarceration or other penalties. Moreover, questions related to the calculation of 'reasonable' restitution and potential loopholes in cases of financial incapacity could be points of contention in legislative discussions.

Companion Bills

No companion bills found.

Similar Bills

AZ HB2466

Criminal restitution orders; interest

AZ SB1189

Criminal restitution orders; interest

WV SB63

Authorizing restitution to victims of securities fraud

AR 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.

MT HB712

Provide for restitution payments to children of certain homicide victims

HI SB45

Relating To Restitution.

HI HB573

Relating To Consumer Protection.

CA AB1213

Restitution: priority.