1 of 1
HOUSE DOCKET, NO. 370 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 2038
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marcus S. Vaughn
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to require restitution for a child whose parent is killed by a drunk driver.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marcus S. Vaughn9th Norfolk1/8/2025Bruce E. TarrFirst Essex and Middlesex2/27/2025 1 of 2
HOUSE DOCKET, NO. 370 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 2038
By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 2038) of
Marcus S. Vaughn and Bruce E. Tarr for legislation to require restitution for a child whose
parent is killed by a drunk driver. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to require restitution for a child whose parent is killed by a drunk driver.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 13 ½ of Chapter 265 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting the following subsection:-
3 “(a) The court shall order a defendant convicted of vehicular homicide while intoxicated
4resulting in the death of a parent or guardian to pay restitution to the victim’s surviving children.
5 (1)The court shall determine an amount to be paid monthly for the support of the
6child until the child reaches the age of 18 or graduates high school, whichever comes later.
7 (2)The defendant shall not be required to pay restitution under this article to an
8individual who is 19 years of age or older, unless the individual pursues higher education where
9the defendant shall be required to pay restitution until the individual reaches the age of 22 or
10graduates from a higher education program, whichever comes first. 2 of 2
11 (3)The court shall determine an amount for restitution that is reasonable and
12necessary to support the child, considering all relevant factors including: the financial needs and
13resources of the child; the financial needs and resources of the surviving parent or guardian; the
14standard of living to which the child is accustomed; the physical and emotional condition of the
15child and the child’s educational needs; the child’s physical and legal custody arrangements; and
16the reasonable, work-related child care expenses of the surviving parent or guardian, if
17applicable.
18 (b) The order shall require restitution payments to be made to the surviving parents or
19guardian.
20 (c) If a defendant ordered to pay restitution under this article is unable to make the
21required restitution payments due to incarceration, the defendant shall begin payments no later
22than 1 year following their release. The defendant may enter into a payment plan to address any
23arrearage that exists on the date of the defendant’s release.