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Bill

S 1439

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

2026-2027 Regular Session Introduced by Joe Cryan

Requires convicted drunk drivers whose victims were parents/guardians to pay court-ordered restitution directly to surviving dependent children.

Introduced in the Senate, Referred to Senate Judiciary Committee
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WeVote Research Nonpartisan
Bill Summary · S 1439

Legislative bill overview

S 1439 would require a person convicted of drunk driving that results in the death of a parent or guardian to pay restitution directly to any orphaned children. The bill establishes a financial obligation for the convicted driver to provide compensation specifically designated for the minor children left behind by the victim.

Why is this important

This bill addresses a significant gap where victims' families—particularly dependent children—may struggle financially after losing a primary income earner. It creates a direct accountability mechanism linking the perpetrator's actions to tangible support for the surviving children, potentially reducing reliance on state assistance programs.

Potential points of contention

  • Restitution enforceability: Collecting restitution from incarcerated individuals with limited earning capacity may prove challenging, potentially creating orders that are unenforceable or symbolic rather than substantive
  • Amount and calculation disputes: The bill doesn't specify how restitution amounts would be determined, which could lead to inconsistent outcomes and legal challenges about adequate compensation levels
  • Scope concerns: Questions about whether this applies only to direct dependents, step-children, or other family arrangements; also unclear if it covers cases where both parents die or guardianship is shared
  • Double compensation: Potential overlap with civil lawsuits, victim compensation funds, and life insurance that survivors might already receive

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

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