MS HB618

Courts must order defendants convicted of driving under the influence under Section 63-11-30 that resulted in death to pay monthly restitution to each child of the deceased victim who is 18 years old or younger.

Restitution payments continue until the child reaches 18 years of age or graduates from high school, whichever is later, with the court determining reasonable amounts based on the child's financial needs, surviving parent/guardian resources, standard of living, and educational needs.

Defendants unable to pay restitution while imprisoned must begin payments within one year of release and may establish a payment plan for any arrearages, with all arrearages required to be paid regardless of whether scheduled payments terminated during imprisonment.

Restitution orders may be enforced by the state or by parents/guardians in the same manner as civil judgments, and amounts paid are deducted from any civil judgment rendered against the defendant.

The bill brings forward existing DUI penalties under Section 63-11-30 without substantive amendment and takes effect July 1, 2024.