BISMARCK, N.D. (KFGO/KVRR) – The North Dakota Senate Judiciary committee heard testimony on a bill that would allow courts to award restitution to children of victims of criminal vehicular homicide.
HB 1558 would give judges the ability to award the restitution only if the parent or guardian dies. Severe, or debilitating injuries would not apply.
The court would take into account the financial needs of the child and surviving parent, the emotional and physical condition of the child, child care expenses, and the standard of living the child is used to.
Any money from insurance settlements or other awarded money stemming from the crash would also be taken into account.
Those who can’t pay due to being incarcerated would have to begin payments within one year of being released from prison.
While legislators heard heart-breaking testimony from those in favor of the bill, state’s attorneys are not in favor of the bill.
“The states attorneys are so strongly believing that they’re not trained to do personal injury cases, and they’re not going to be in a position to be able to spend the time that a family that has this happen really is entitled to have,” said Jonathan Byers for the State’s Attorneys’ Association. “They just don’t believe that their role is that. And because of that, there isn’t a version by which they thought they could support.”
Rep. Austen Schauer of West Fargo introduced the bill.
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