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H 2038

An Act to require restitution for a child whose parent is killed by a drunk driver

194th Legislature (2025-2026) Introduced by Bruce Tarr and 1 co-sponsor

Massachusetts bill requiring drunk drivers convicted of killing a parent to pay restitution to orphaned children for financial and emotional losses incurred.

Hearing scheduled for 09/23/2025 from 01:00 PM-05:00 PM in A-2
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WeVote Research Nonpartisan
Bill Summary · H 2038

Legislative bill overview

H 2038 would establish a legal mechanism requiring restitution payments to children whose parents are killed by drunk drivers in Massachusetts. The bill creates a specific financial obligation for convicted drunk drivers to compensate orphaned children for their loss. This represents a targeted expansion of restitution requirements beyond traditional victim compensation frameworks.

Why is this important

Drunk driving deaths leave children without parental support, income, and guardianship—creating immediate and lifelong hardships. Current restitution laws may not adequately address the unique damages faced by orphaned minors. This bill attempts to provide a concrete financial remedy and acknowledges the broader harm extends beyond the deceased victim to their dependents.

Potential points of contention

  • Enforceability and collection challenges: Convicted drunk drivers may lack sufficient income or assets to pay meaningful restitution, raising questions about whether ordered payments would actually materialize
  • Calculation methodology: The bill's mechanism for determining restitution amounts is unclear—should it cover lost parental income, emotional damages, education costs, or all of these, and how would amounts be calculated fairly?
  • Overlap with existing remedies: Massachusetts already has victim compensation funds and civil lawsuit options; critics may argue this duplicates existing protections while others may counter it doesn't go far enough

Compiled from official sources — confirm details with the bill’s official record.

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