Restitution upon conviction of vehicular homicide. (FE)
The notable change introduced by SB87 is the shift in restitution payments, directing them to the surviving parent or guardian of the victim’s child instead of the victim’s estate. Under this new provision, the courts will evaluate various factors, including the children’s accustomed standard of living and any reasonable work-related childcare expenses of the surviving parent or guardian. This change aims to provide better financial support for children who lose a parent due to vehicular homicide, ensuring their welfare and stability.
Senate Bill 87, introduced in the 2023 Wisconsin Legislature, addresses the issue of restitution for victims of vehicular homicide, particularly focusing on the financial obligations of defendants towards the children of deceased victims. The bill seeks to amend current laws regarding the restitution process, allowing courts to consider the specific financial needs and resources of minor children when imposing restitution payments upon conviction of vehicular homicide. This means that if a defendant is convicted of such a crime, the court may require them to pay maintenance costs for the victim's children until they reach adulthood or complete high school, whichever comes later.
SB87, if enacted, will ensure that children of victims of vehicular homicide receive necessary financial support while maintaining the essential rights of parents or guardians to seek civil damages. This represents a significant legislative step towards enhancing victim restitution law and advocates for child welfare following tragic incidents, marking it as a crucial change in Wisconsin's legal statutes.
However, there are potential points of contention surrounding the bill. Opponents may argue about the balance of rights between civil suits and restitution orders, particularly regarding how restitution impacts the ability of parents or guardians to sue for additional damages. The bill also stipulates that if civil damages are awarded prior to the restitution judgment, the restitution amount will be reduced accordingly, raising questions about the adequacy and fairness of victims’ financial compensation. Additionally, there may be concerns over how the courts assess factors like emotional needs and child care expenses, which can be subjective.