WV HB5099

Requires mandatory restitution payments to children whose parent or guardian was killed by a DUI offender convicted under §17-5-2(b) of West Virginia code

Monthly support payments continue until the child reaches 18 years of age or graduates from high school, whichever is later, with no payments to individuals 19 or older

Courts must consider multiple factors when setting restitution amounts, including the child's financial needs, standard of living, educational needs, and the surviving guardian's work-related childcare expenses

Civil judgments or insurance payments from the same accident offset the restitution amount to prevent double recovery

Incarcerated defendants must begin payments within one year of release and must pay all arrearages even if payments were scheduled to end during imprisonment; effective date is July 1, 2026