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HI SB2017

Bill

Status

Engrossed

3/5/2024

Primary Sponsor

Stanley Chang

Click for details

Origin

Senate

2024 Regular Session

AI Summary

  • Requires defendants convicted of negligent homicide under section 707-702.5(1)(a) (causing death by driving under the influence) to pay financial support restitution to surviving children of the victim.

  • Financial support must be paid to each surviving minor child until age 18, or age 19 if still enrolled in high school; applies to adult dependent children with disabilities.

  • Court must consider child's financial needs, surviving parent/guardian's resources, child's physical and emotional condition, educational needs, custody arrangements, and reasonable child care expenses when determining support amount.

  • Payments made to court clerk as trustee for remittance to surviving parent or legal guardian within three working days of receipt; defendants incarcerated when ordered have up to one year after release to begin payments and address any arrearage.

  • Restitution obligation is waived if surviving parent or legal guardian obtains full judgment in prior civil suit; if civil suit occurs after restitution is ordered, restitution amount is offset by civil judgment awards.

Legislative Description

Relating To Financial Support Of A Child After Driving Under The Influence.

Driving Under the Influence

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Belatti, Hashem, Kong, Sayama excused (4).

3/19/2024

Committee Referrals

Finance3/19/2024
Judiciary & Hawaiian Affairs3/7/2024
Judiciary1/17/2024

Full Bill Text

No bill text available