Starting September 1, 2023, the bill HB-393 will become law. HB-393 states that any person convicted of intoxication manslaughter that results in the death of a parent or guardian will be ordered to pay restitution for a child whose parent or guardian was the victim of the offense.
The court will determine an amount to be paid monthly for the support of the child until the child reaches 18 years of age or has graduated from high school, whichever is later.
The court will consider all relevant factors including;
- The financial needs and resources of the child
- The financial needs and resources of the surviving parent or guardian or other current guardian of the child or, if applicable, the financial resources of the state if the Department of Family and Protective Services has been appointed as temporary or permanent managing conservator of the child
- The standard of living to which the child is accustomed
- The physical and emotional condition of the child and child’s educational needs
- The child’s physical and legal custody arrangements
- The reasonable work-related child care expenses of the surviving parent or guardian or other current guardian
- The financial resources of the defendant
If the defendant cannot make payments due to imprisonment, the defendant shall begin payments no later than the first anniversary of the defendant’s release.
View HB-393 here.
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