ND
North Dakota House Bill HB1558

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1558 Compare Versions

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1+25.0072.04001
2+Title.05000
3+Adopted by the Judiciary Committee
24 Sixty-ninth
5+January 29, 2025
36 Legislative Assembly
47 of North Dakota
58 Introduced by
69 Representatives Schauer, D. Anderson, Ista, J. Johnson, Jonas, Richter, Beltz, Heinert,
710 Schreiber-Beck
811 Senators Clemens, Conley, Wanzek
912 A BILL for an Act to create and enact a new subdivision to subsection 4 of section 12.1-32-07, a
1013 new subsection to section 12.1-32-08, and a new section to chapter 39-08 of the North Dakota
1114 Century Code, relating to restitution for the child of a victim of criminal vehicular homicide and
1215 conditions of probation; to amend and reenact subsection 5 of section 12.1-32-06.1 of the North
13-Dakota Century Code, relating to the extension of probation; to provide a penalty; and to
14-provide for application.
16+Dakota Century Code, relating to probation and parental loss restitution; to provide a penalty;
17+and to provide for application.
1518 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
1619 SECTION 1. AMENDMENT. Subsection 5 of section 12.1-32-06.1 of the North Dakota
1720 Century Code is amended and reenacted as follows:
1821 5. If the defendant has pled or been found guilty of abandonment or nonsupport of
19-spouse or children, the period of probation may be continuedor of criminal vehicular
20-homicide in violation of section 39 - 08 - 01.2, the court may, in addition to an initial
21-period of probation, impose an additional period of unsupervised probation for as long
22-as responsibility for support continues.
23-SECTION 2. A new subdivision to subsection 4 of section 12.1-32-07 of the North Dakota
22+spouse or children or of criminal vehicular homicide in violation of section 39 - 08 - 01.2 ,
23+the period of probation may be continued for as long as responsibility for support or
24+parental loss restitution continues.
25+SECTION 1. A new subdivision to subsection 4 of section 12.1-32-07 of the North Dakota
2426 Century Code is created and enacted as follows:
2527 Pay parental loss restitution. When parental loss restitution is a condition of
2628 probation, the court shall proceed as provided in chapter 39 - 08.
27-SECTION 3. A new subsection to section 12.1-32-08 of the North Dakota Century Code is
29+SECTION 2. A new subsection to section 12.1-32-08 of the North Dakota Century Code is
2830 created and enacted as follows:
29-Page No. 1 25.0072.06000
30-ENGROSSED HOUSE BILL NO. 1558
31-FIRST ENGROSSMENT
32-with Senate Amendments
31+Page No. 1 25.0072.04001
32+ HOUSE BILL NO. 1558
33+PROPOSED AMENDMENTS TO
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53+Legislative Assembly
54+When sentencing a person adjudged guilty of criminal vehicular homicide in violation
55+of section 39 - 08 - 01.2, the court may order, in accordance with the provisions of
56+section 4 of this Act, parental loss restitution.
57+SECTION 3. A new section to chapter 39-08 of the North Dakota Century Code is created
58+and enacted as follows:
59+Parental loss restitution payments for criminal vehicular homicide.
60+1.As used in this section, "incarcerated" means confined or imprisoned in a jail, prison,
61+penitentiary, juvenile facility, or other correctional institution or facility, or a place or
62+condition of confinement or forcible restraint regardless of the nature of the institution
63+in which the individual serves a sentence for a conviction.
64+2.If an individual pleads guilty or nolo contendere to, or is found guilty of criminal
65+vehicular homicide under section 39 - 08 - 01.2 and the deceased victim of the offense
66+was the parent or legal guardian of a minor child, the court may order the individual to
67+pay restitution monthly to each of the victim's children until each child reaches
68+eighteen years of age.
69+3.The court may order the parental loss restitution at the time of sentencing or within
70+sixty days of sentencing, unless that period is extended for good cause. A hearing
71+must be held at the time of sentencing or another time, unless the individual waives
72+the right to a hearing.
73+4.The prosecutor shall notify the individual of the recommended amount of parental loss
74+restitution before the hearing under subsection 3.
75+5.The court may consider all relevant factors in determining a parental loss restitution
76+amount that is reasonable and necessary for the maintenance of each child, including:
77+a.The financial needs and resources of the child;
78+b.The financial needs and resources of the surviving parent, or if no other parent is
79+alive or capable of caring for the child, the legal guardian of the child;
80+c.The standard of living to which the child is accustomed;
81+d.The physical and emotional condition of the child and the child's educational
82+needs;
83+e.The child's physical and legal custody arrangements;
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54-When sentencing a person adjudged guilty of criminal vehicular homicide in violation
55-of section 39 - 08 - 01.2, the court may order, in accordance with the provisions of
56-section 4 of this Act, parental loss restitution.
57-SECTION 4. A new section to chapter 39-08 of the North Dakota Century Code is created
58-and enacted as follows:
59-Parental loss restitution payments for criminal vehicular homicide.
60-1.As used in this section, "incarcerated" means confined or imprisoned in a jail, prison,
61-penitentiary, juvenile facility, or other correctional institution or facility, or a place or
62-condition of confinement or forcible restraint regardless of the nature of the institution
63-in which the individual serves a sentence for a conviction.
64-2.If an individual pleads guilty or nolo contendere to, or is found guilty of criminal
65-vehicular homicide under section 39 - 08 - 01.2 and the deceased victim of the offense
66-was the parent or legal guardian of a minor child, the court may order the individual to
67-pay restitution monthly to each of the victim's children until each child reaches
68-eighteen years of age.
69-3.The court may order the parental loss restitution at the time of sentencing or within
70-sixty days of sentencing, unless that period is extended for good cause. A hearing
71-must be held at the time of sentencing or another time, unless the individual waives
72-the right to a hearing.
73-4.The surviving parent or legal guardian of the victim's children may make a claim for
74-parental loss restitution and may submit information by a claim affidavit and, as
75-applicable, supporting information. The prosecutor shall serve the individual with a
76-copy of the claim affidavit and supporting information at least ten days before the
77-hearing under subsection 3, unless the individual waives the right to service.
78-5.The claim affidavit may include all relevant factors in determining a parental loss
79-restitution amount that is reasonable and necessary for the maintenance of each child,
80-including:
81-a.The financial needs and resources of the child;
82-b.The financial needs and resources of the surviving parent or, if no other parent is
83-alive or capable of caring for the child, the legal guardian of the child;
84-c.The standard of living to which the child is accustomed;
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116+f.The reasonable work-related child care expenses of the surviving parent or legal
117+guardian; and
118+g.Any monetary or insurance settlement, amount, damages, or award received or
119+anticipated arising from the criminal vehicular homicide incident.
120+6.In an initial order for parental loss restitution, or in an amendment to a parental loss
121+restitution order, the court may subtract from the total amount of parental loss
122+restitution ordered under subsection 5, any monetary or insurance settlement, amount,
123+damages, or civil award received by the child's surviving parent or legal guardian
124+arising from the criminal vehicular homicide incident.
125+7.The court may order the parental loss restitution payments be made to the clerk of
126+court as trustee for remittance to the state's attorney's office. The clerk shall remit the
127+payments to the state's attorney's office within ten working days of receipt by the clerk.
128+The state's attorney's office shall deposit all payments no later than the next business
129+day after receipt. The state's attorney's office shall remit payments to the surviving
130+parent or legal guardian within ten working days.
131+8.If the individual ordered to pay parental loss restitution under this section is
132+incarcerated and unable to pay the required amount, the individual shall begin
133+payment, including entering a payment plan to address any arrearage, within one year
134+from the date of the individual's release from incarceration. If the individual's parental
135+loss restitution payments are set to terminate but the individual's obligation is not paid
136+in full, the parental loss restitution payments continue until the arrearage is paid in full.
137+9.Upon thirty days' written notice to the surviving parent or legal guardian's last-known
138+address motion of the prosecutor supported by evidence establishing the amount of
139+unpaid accrued parental loss restitution ordered by the court , the court may order the a
140+civil judgment imposing a duty to pay parental loss restitution for the amount be
141+docketed in the same manner as a civil judgment under section 29 - 26 - 22.1. The
142+motion must be served on the surviving parent or legal guardian at the last known
143+address of the parent or guardian and on the individual subject to the parental loss
144+restitution order.
145+10.Except as provided under subsection 6, an order for parental loss restitution may not
146+be modified.
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118-d.The physical and emotional condition of the child and the child's educational
119-needs;
120-e.The child's physical and legal custody arrangements;
121-f.The reasonable work-related child care expenses of the surviving parent or legal
122-guardian; and
123-g.Any monetary or insurance settlement, amount, damages, or award received or
124-anticipated arising from the criminal vehicular homicide incident.
125-6.In an initial order for parental loss restitution, or in an amendment to a parental loss
126-restitution order, the court may subtract from the total amount of parental loss
127-restitution ordered under subsection 5, any monetary or insurance settlement, amount,
128-damages, or civil award received by the child's surviving parent or legal guardian
129-arising from the criminal vehicular homicide incident.
130-7.If the individual ordered to pay parental loss restitution under this section is
131-incarcerated and unable to pay the required amount, the individual shall begin
132-payment, including entering a payment plan to address any arrearage, within one year
133-from the date of the individual's release from incarceration. If the individual's parental
134-loss restitution payments are set to terminate but the individual's obligation is not paid
135-in full, the parental loss restitution payments continue until the arrearage is paid in full.
136-8.Upon motion of the prosecutor supported by evidence establishing the amount of
137-unpaid accrued parental loss restitution ordered by the court, the court may order a
138-civil judgment for the amount be docketed in the same manner as a civil judgment
139-under section 29 - 26 - 22.1. The motion must be served on the surviving parent or legal
140-guardian at the last known address of the parent or guardian and on the individual
141-subject to the parental loss restitution order.
142-9.Notwithstanding any other provision of law, if a court orders an individual to make
143-parental loss restitution payments under this section and a surviving parent or
144-guardian subsequently obtains a civil judgment related to the same incident, a court or
145-jury may not consider the amount of parental loss restitution when determining the
146-amount awarded in the civil judgment.
147-10.Except as provided under subsection 6, an order for parental loss restitution may not
148-be modified.
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182-SECTION 5. APPLICATION. This Act applies to a criminal charge for criminal vehicular
180+SECTION 4. APPLICATION. This Act applies to a criminal charge for criminal vehicular
183181 homicide filed on or after the effective date of this Act.
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