MD HB1394

Courts must order individuals convicted of impaired driving homicide (alcohol, drugs, or controlled substances) to pay restitution to children who lost a parent or guardian as a result of the offense

Restitution amounts are determined by considering the child's financial needs, standard of living, physical and emotional condition, custody arrangements, and the surviving parent/guardian's financial resources including work-related child care expenses

Payments continue until the child turns 18 and graduates high school, or until the child's graduating class completes high school

Incarcerated offenders must begin payments within 1 year of release; if the payment period ends during incarceration, payments continue until the full restitution is paid

If the surviving parent or guardian wins a civil lawsuit against the offender, the court either cannot order restitution (if judgment comes first) or must offset restitution by the judgment amount

Effective date: October 1, 2026