Massachusetts House Bill H2038

Massachusetts 2025-2026 Regular Session

• Introduced: 2/27/25
• Refer: 2/27/25

Caption

To require restitution for a child whose parent is killed by a drunk driver

Impact

The bill amends Section 13 ½ of Chapter 265 of the General Laws, imposing obligations on courts to mandate monthly restitution payments determined based on the child's needs until they reach adulthood or complete their schooling. This provision is intended to ensure that children who lose a parent to a drunk driving incident are not left without financial resources during their formative years, promoting a safeguard against sudden financial hardship.

Summary

House Bill 2038, introduced by Representative Marcus S. Vaughn and co-sponsored by Bruce E. Tarr, proposes the requirement for restitution payments from individuals convicted of vehicular homicide while under the influence of alcohol or drugs, specifically pertaining to the surviving children of the victim. This legislation is aimed at providing financial support to the dependents of individuals killed by drunk drivers, recognizing the significant social and economic impacts such a tragedy can have on families.

Contention

While the bill has garnered attention for its protective intent towards children, it may face opposition due to the challenges in enforcement, particularly regarding the ability of convicted individuals to make these payments. Concerns may arise over the financial burden on convicted individuals who may already be facing incarceration or other penalties. Moreover, questions related to the calculation of 'reasonable' restitution and potential loopholes in cases of financial incapacity could be points of contention in legislative discussions.