Hawaii 2026 Regular Session

Hawaii Senate Bill SB356

Introduced
1/15/25  
Refer
1/21/25  
Refer
1/28/25  
Report Pass
2/27/25  
Engrossed
3/4/25  

Caption

Relating To Driving Under The Influence.

Impact

This bill modifies existing state laws concerning DUI offenses by adding a specific restitution requirement that holds offenders accountable for the impact of their actions on the dependents of victims. The legislation seeks to enhance victim support mechanisms and establish clearer pathways for financial recovery for children affected by such tragic circumstances. By doing so, it introduces a defined obligation on the part of defendants which lawmakers believe is crucial for safeguarding the financial interests of vulnerable minors who would otherwise be left without parental support after a DUI incident.

Summary

Senate Bill 356 addresses the issue of driving under the influence (DUI) and mandates financial restitution to be paid by defendants convicted of causing the disability or death of a care-giving parent or legal guardian to a minor child. The bill introduces a provision that compels the sentencing court to order the convicted individual to provide ongoing financial support to the affected children until they reach either eighteen or nineteen years of age, contingent upon their enrollment in high school. This legislation highlights the necessity of ensuring that children of victims can maintain a standard of living similar to what they would have experienced had their parent or guardian not been harmed.

Sentiment

The sentiment surrounding SB 356 appears generally supportive, especially among those advocating for victim rights and child welfare. Proponents believe the bill serves justice by acknowledging the lasting consequences of DUI offenses on families and aims to ensure that children are not left financially destitute following the loss of their caregiver. Conversely, there may be concerns about the financial burden placed on convicted individuals and whether it could unintentionally penalize those already struggling with the consequences of their actions, although the bill seeks to structure support in a manageable and fair manner.

Contention

Key points of contention may arise around the feasibility and scope of enforcing financial restitution, particularly in terms of how courts will assess the ongoing financial needs of children and the resources of the convicted individual. Questions about the practicalities of enforcing such obligations, especially in cases where the convicted party lacks sufficient income or resources to provide meaningful support, may lead to discussions about the adequacy of the measures outlined in the legislation. Furthermore, ensuring that the financial support aligns with the well-being and development needs of the affected children could also prompt scrutiny regarding the effectiveness of the bill.

Companion Bills

HI SB356

Carry Over Relating To Driving Under The Influence.

Previously Filed As

HI SB356

Relating To Driving Under The Influence.

HI SB225

Related To Driving Under The Influence.

HI HB115

Relating To Driving Under The Influence.

HI HB711

Related To Driving Under The Influence.

HI SB1591

Relating To Avian Influenza.

HI SB45

Relating To Restitution.

HI HB1427

Relating To Avian Influenza.

HI SB384

Relating To Victim Restitution.

HI SB1104

Relating To Child Abuse.

HI HB239

Relating To Child Abuse.

Similar Bills

No similar bills found.