An Act amending title 5 Virgin Islands Code, subtitle 3, part I, chapter 311 by enacting Jah’niqua’s Law requiring a defendant to pay restitution in the form of child maintenance if the victim of the offense was the parent or guardian of a minor child or dependent and if the defendant was convicted of negligent homicide by means of a motor vehicle, a violation of title 20 Virgin Islands Code, section 504, while under the influence of or affected by intoxicating liquor or narcotic drugs; or was convicted of driving under the influence of intoxicating liquors or controlled substances, a violation of title 20 Virgin Islands Code, section 493, which results in an accident that causes the victim to become disabled or totally and permanently disabled

2025-2026 Regular Session

Requires courts to order impaired drivers who disable/kill caregiver parents to pay ongoing child maintenance restitution for dependents left without income support.

Sent to Lt. Governor

Legislative bill overview

Jah'niqua's Law requires courts to impose child maintenance restitution on defendants convicted of impaired driving-related offenses (DUI or negligent homicide by motor vehicle while intoxicated) when the victim was a parent or guardian of minor children or dependents. The restitution obligation applies when the victim becomes disabled or permanently disabled as a result of the defendant's actions.

Why is this important

This bill addresses a significant gap in current restitution law by ensuring financial support for dependent children when their caregiver is incapacitated by an impaired driver's negligence. The measure acknowledges that victims' families face real economic hardship—lost income, childcare costs, and ongoing care expenses—when a breadwinner or guardian is harmed, while holding responsible parties financially accountable beyond criminal penalties alone.

Potential points of contention

Scope and fairness: The restitution applies only to certain convictions (impaired driving); critics may question why similar protections don't apply to dependents of victims injured by other reckless crimes or accidents.

Calculation and enforcement: The bill doesn't specify how child maintenance amounts are determined, who enforces payment, or what happens if defendants cannot pay—creating potential implementation and equity concerns.

Constitutional considerations: Opponents may argue mandatory restitution of uncertain scope could constitute excessive or disproportionate punishment under due process protections, particularly if amounts are substantial.