MT HB712

Persons convicted of vehicular homicide while under the influence must pay monthly restitution for the support of each minor child whose parent or guardian was killed, until the child reaches age 18 or graduates high school (whichever is later).

Courts determine restitution amounts based on the child's financial needs, the surviving guardian's resources, the child's standard of living, educational needs, custody arrangements, and the defendant's financial resources.

Incarcerated defendants must begin restitution payments no later than one year after release from confinement, with payments continuing until any arrearage is fully paid.

Restitution under this section is not ordered if the surviving parent or guardian has already obtained a civil judgment against the defendant; if a civil judgment is obtained after restitution is ordered, the restitution amount is offset by the civil award.

Amends sections 45-5-106, 46-18-201, and 46-18-241 of the Montana Code Annotated to incorporate the new child support restitution requirement into existing sentencing and restitution frameworks.