HI SB356

Requires defendants convicted of operating a vehicle under the influence (DUI) who cause the death or disability of a parent or legal guardian to pay restitution in the form of financial support to each minor child of the victim until the child reaches age 18 (or 19 if still in high school)

Courts must consider multiple factors when determining restitution amounts, including the child's financial needs, standard of living, educational needs, custody arrangements, and the resources of the surviving parent or guardian

Incarcerated defendants have up to one year after release to begin making payments, and if payments are set to terminate before the full obligation is met, payments must continue until the arrearage is paid in full

Restitution orders may be offset by any civil judgment obtained by the surviving parent, guardian, or disabled parent for lost wages; if a civil suit results in full satisfaction of damages before sentencing, restitution shall not be ordered

"Disabled" is defined to include functional inabilities caused by psychological, psychiatric, or stress-related trauma that prevent a person from making informed decisions about their own or a minor child's physical health and safety