AB 87

Under current law, when a defendant is sentenced or placed on probation for

any crime, the court is required to order the defendant to pay restitution to the victim

of the crime to pay for costs incurred by the victim or the victim's estate as a result

of the crime. Under this bill, if a person is convicted of the crime of homicide by

intoxicated use of a vehicle, and the victim of the homicide is a parent of a minor child,

the restitution order may include the reasonable and necessary costs of maintenance

for each child of the victim until the child turns 18 or until the child turns 19 if the

child is still enrolled in high school. Under current law, when determining the

amount of restitution to order, the court considers the amount of loss sustained by

the victim, the financial resources and earning ability of the defendant, the needs of

the defendant's dependents, and any other factors the court deems appropriate.

Under the bill, when setting restitution payed to a parent or guardian of a victim's

child, the court may also consider the financial needs and resources of the child and

the surviving parent or guardian, the standard of living that the child is accustomed

to, the child's emotional needs and physical and legal custody arrangements, and the

reasonable work-related child care expenses of the surviving parent or guardian.

Under the bill, this portion of restitution is paid to the surviving parent or guardian

of the child instead of to the victim or victim's estate.

Under current law, a restitution order does not affect a victim's right to file a

civil lawsuit against a defendant to recover damages. The damages awarded in the

civil suit are offset by the amount of restitution ordered. The bill specifies that a

parent or guardian of a victim's children also retains the right to file a civil suit

against the defendant, and that restitution ordered to a parent or guardian of the

victim's children will offset any damages awarded in the civil suit. Additionally, if

the parent or guardian is awarded civil damages before restitution is ordered, the

restitution order will be reduced by the amount of civil damages awarded to the

parent or guardian.