25.0072.06000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Schauer, D. Anderson, Ista, J. Johnson, Jonas, Richter, Beltz, Heinert,
Schreiber-Beck
Senators Clemens, Conley, Wanzek
A BILL for an Act to create and enact a new subdivision to subsection 4 of section 12.1-32-07, a
new subsection to section 12.1-32-08, and a new section to chapter 39-08 of the North Dakota
Century Code, relating to restitution for the child of a victim of criminal vehicular homicide and
conditions of probation; to amend and reenact subsection 5 of section 12.1-32-06.1 of the North
Dakota Century Code, relating to the extension of probation; to provide a penalty; and to
provide for application.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 5 of section 12.1-32-06.1 of the North Dakota
Century Code is amended and reenacted as follows:
5.If the defendant has pled or been found guilty of abandonment or nonsupport of
spouse or children, the period of probation may be continuedor of criminal vehicular
homicide in violation of section 39 - 08 - 01.2, the court may, in addition to an initial
period of probation, impose an additional period of unsupervised probation for as long
as responsibility for support continues.
SECTION 2. A new subdivision to subsection 4 of section 12.1-32-07 of the North Dakota
Century Code is created and enacted as follows:
Pay parental loss restitution. When parental loss restitution is a condition of
probation, the court shall proceed as provided in chapter 39 - 08.
SECTION 3. A new subsection to section 12.1-32-08 of the North Dakota Century Code is
created and enacted as follows:
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ENGROSSED HOUSE BILL NO. 1558
FIRST ENGROSSMENT
with Senate Amendments
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When sentencing a person adjudged guilty of criminal vehicular homicide in violation
of section 39 - 08 - 01.2, the court may order, in accordance with the provisions of
section 4 of this Act, parental loss restitution.
SECTION 4. A new section to chapter 39-08 of the North Dakota Century Code is created
and enacted as follows:
Parental loss restitution payments for criminal vehicular homicide.
1.As used in this section, "incarcerated" means confined or imprisoned in a jail, prison,
penitentiary, juvenile facility, or other correctional institution or facility, or a place or
condition of confinement or forcible restraint regardless of the nature of the institution
in which the individual serves a sentence for a conviction.
2.If an individual pleads guilty or nolo contendere to, or is found guilty of criminal
vehicular homicide under section 39 - 08 - 01.2 and the deceased victim of the offense
was the parent or legal guardian of a minor child, the court may order the individual to
pay restitution monthly to each of the victim's children until each child reaches
eighteen years of age.
3.The court may order the parental loss restitution at the time of sentencing or within
sixty days of sentencing, unless that period is extended for good cause. A hearing
must be held at the time of sentencing or another time, unless the individual waives
the right to a hearing.
4.The surviving parent or legal guardian of the victim's children may make a claim for
parental loss restitution and may submit information by a claim affidavit and, as
applicable, supporting information. The prosecutor shall serve the individual with a
copy of the claim affidavit and supporting information at least ten days before the
hearing under subsection 3, unless the individual waives the right to service.
5.The claim affidavit may include all relevant factors in determining a parental loss
restitution amount that is reasonable and necessary for the maintenance of each child,
including:
a.The financial needs and resources of the child;
b.The financial needs and resources of the surviving parent or, if no other parent is
alive or capable of caring for the child, the legal guardian of the child;
c.The standard of living to which the child is accustomed;
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d.The physical and emotional condition of the child and the child's educational
needs;
e.The child's physical and legal custody arrangements;
f.The reasonable work-related child care expenses of the surviving parent or legal
guardian; and
g.Any monetary or insurance settlement, amount, damages, or award received or
anticipated arising from the criminal vehicular homicide incident.
6.In an initial order for parental loss restitution, or in an amendment to a parental loss
restitution order, the court may subtract from the total amount of parental loss
restitution ordered under subsection 5, any monetary or insurance settlement, amount,
damages, or civil award received by the child's surviving parent or legal guardian
arising from the criminal vehicular homicide incident.
7.If the individual ordered to pay parental loss restitution under this section is
incarcerated and unable to pay the required amount, the individual shall begin
payment, including entering a payment plan to address any arrearage, within one year
from the date of the individual's release from incarceration. If the individual's parental
loss restitution payments are set to terminate but the individual's obligation is not paid
in full, the parental loss restitution payments continue until the arrearage is paid in full.
8.Upon motion of the prosecutor supported by evidence establishing the amount of
unpaid accrued parental loss restitution ordered by the court, the court may order a
civil judgment for the amount be docketed in the same manner as a civil judgment
under section 29 - 26 - 22.1. The motion must be served on the surviving parent or legal
guardian at the last known address of the parent or guardian and on the individual
subject to the parental loss restitution order.
9.Notwithstanding any other provision of law, if a court orders an individual to make
parental loss restitution payments under this section and a surviving parent or
guardian subsequently obtains a civil judgment related to the same incident, a court or
jury may not consider the amount of parental loss restitution when determining the
amount awarded in the civil judgment.
10.Except as provided under subsection 6, an order for parental loss restitution may not
be modified.
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SECTION 5. APPLICATION. This Act applies to a criminal charge for criminal vehicular
homicide filed on or after the effective date of this Act.
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