Montana 2025 Regular Session

Montana House Bill HB712

Introduced
2/24/25  
Refer
2/25/25  
Engrossed
3/7/25  
Refer
3/17/25  
Enrolled
4/17/25  

Caption

Provide for restitution payments to children of certain homicide victims

Impact

The passage of HB 712 will result in a significant shift in how restitution is evaluated and enforced in cases of vehicular homicide. It creates a legal obligation for offenders to provide ongoing financial support to minor children, which could lead to greater accountability for their actions and serves as a deterrent against driving under the influence. The legislation may help ensure that children of fatalities related to vehicular homicide receive necessary support, reducing potential future reliance on public assistance programs.

Summary

House Bill 712 aims to amend existing restitution laws by specifically requiring individuals convicted of vehicular homicide while under the influence to pay restitution for the support of any minor child whose parent or guardian was a victim of the crime. The bill establishes that these restitution payments are to be made monthly until the child either reaches the age of 18 or graduates high school, whichever occurs later. This change reflects a targeted approach to ensure that the financial needs of children affected by such tragic incidents are addressed directly through the judicial system.

Sentiment

The general sentiment around HB 712 appears to be supportive, particularly among advocates for victims' rights and family support. Supporters argue the bill fills a gap in existing laws that often overlook the financial implications for the families of victims, especially children who are left vulnerable after such incidents. Critics, however, may raise concerns about potential barriers for offenders in terms of financial restitution, especially if they face incarceration or unemployment, which could hinder their ability to pay.

Contention

Notable points of contention surrounding the bill include discussions over the effectiveness of restitution as a punitive measure and whether it adequately serves the needs of affected families. Furthermore, there may be debates regarding the fairness of placing financial obligations on offenders who may already face serious legal repercussions, including long prison sentences. These discussions raise underlying questions about balancing justice for victims while acknowledging the realities of offenders' circumstances post-conviction.

Companion Bills

No companion bills found.

Previously Filed As

MT HB994

Provides relative to the payment of restitution from offenders convicted of vehicular homicide under certain circumstances

MT HB1394

Criminal Law – Homicide by Motor Vehicle or Vessel – Restitution to Child (Bentley’s Law)

MT SB774

In miscellaneous provisions relating to operation of vehicles, further providing for homicide by vehicle while driving under influence.

MT SB2487

Aggravated DUI; order child support to children of deceased victim.

MT HB986

Requires child support payments by persons convicted of vehicular homicide

MT HB3632

CASE REVIEW-HOMICIDE VICTIMS

MT HB1387

Kinship payments for foster children; revise who may be paid.

MT SB384

Relating To Victim Restitution.

MT SB384

Relating To Victim Restitution.

MT S1439

Requires drunk driver to pay restitution on behalf of child if parent or guardian is killed by that driver.

Similar Bills

AZ SB1189

Criminal restitution orders; interest

TX SB1666

Relating to the payment of restitution.

AL HB559

Fraud victims compensation; Market Accountability Compensation Fund, established to provide restitution assistance to victims of investment fraud

MS HB54

Court-ordered restitution; require payment to victim first before court costs/fines are disbursed.

MS HB615

Court-ordered restitution; require payment to victim first before court costs/fines are disbursed.

AZ HB2825

Fines; fees; assessments; restitution; nonpayment

HI HB573

Relating To Consumer Protection.

HI HB573

Relating To Consumer Protection.