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HB 5099

Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter

2026 Regular Session Introduced by J.B. Akers and 7 co-sponsors

Bill requires perpetrators of intoxication manslaughter to pay restitution for child support of victims' dependent children.

To House Judiciary
#crime
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WeVote Research Nonpartisan
Bill Summary · HB 5099

Legislative bill overview

HB 5099 would establish a mechanism requiring restitution payments for child support when a parent or guardian is killed by intoxication manslaughter. The bill appears designed to ensure financial support for dependent children who lose a parent due to drunk driving incidents, with the responsible party bearing some financial obligation.

Why is this important

Children who lose a parent to intoxication manslaughter face immediate financial hardship and loss of support. This bill attempts to address a gap where no automatic financial accountability existed for the surviving child's needs, placing responsibility on the person whose actions caused the death.

Potential points of contention

  • Scope of "restitution": Unclear whether payments would be limited to actual child support amounts or extend to broader damages, and what happens if the convicted person cannot pay
  • Determination of dependency: Defining which children qualify (biological only? stepchildren? guardianship situations?) and how dependency is proven
  • Interaction with existing laws: How this coordinates with current West Virginia restitution statutes, child support enforcement, and victim compensation programs already in place

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

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