HB267: HB267 Riley Gaines Act; enact
Last action March 31, 2026 · Senate Tabled
A Georgia Senate committee substitute for HB 267 would raise fees for driver improvement clinics and DUI risk reduction programs and require restitution for minor children when a parent or guardian is killed by a drunk or drugged driver.
In plain language
Georgia currently sets fees for driver improvement clinics and for DUI Alcohol or Drug Use Risk Reduction Programs, which offenders often attend after a DUI conviction. This bill raises the fee for a defensive driving course at approved driver improvement clinics from $95 to $125, and it changes the combined fee structure for DUI risk reduction programs' assessment and intervention components to $395. The bill also adds a new requirement to Georgia's homicide by vehicle law (O.C.G.A. § 40-6-393). When someone 18 or older is convicted of killing another person by driving under the influence, and the person killed was the parent or guardian of a minor child, the court must order restitution as financial support for that child until age 18 or high school graduation. The bill lists factors, such as the child's financial needs and living arrangements, that the court must weigh in setting the amount. The changes take effect July 1, 2026, and apply to offenses committed on or after that date.
What the bill does
- Raises the fee driver improvement clinics can charge for a defensive driving course from $95.00 to $125.00.
- Revises the fee structure for certified DUI Alcohol or Drug Use Risk Reduction Programs, setting a combined assessment and intervention fee of $395.00.
- Requires courts to order restitution from adults convicted of killing a parent or guardian through DUI vehicular homicide, payable to the deceased's minor children.
- Lists specific factors courts must consider when setting the restitution amount, including the child's financial needs, living situation, and educational needs.
- Sets an effective date of July 1, 2026, applying only to offenses committed on or after that date.
Who it affects
People required to attend driver improvement clinics or DUI risk reduction programs after a citation or conviction, the clinics and programs themselves, judges and courts handling vehicular homicide cases, and minor children whose parent or guardian is killed by a drunk or drugged driver.
Why it matters
Drivers ordered into these clinics or programs would pay higher fees, while families who lose a parent or guardian to a DUI-related vehicular homicide would gain a legal path to court-ordered financial support for surviving children until adulthood or high school graduation.
Key provisions
- Section 1 amends O.C.G.A. § 40-5-83 to raise the defensive driving course fee at driver improvement clinics from $95.00 to $125.00.
- Section 1 also revises DUI Alcohol or Drug Use Risk Reduction Program fees, moving from separate $100.00 assessment and $235.00 intervention fees to a combined $395.00 fee.
- Section 1 keeps the $30.00 per-offender administrative fee that certified DUI programs must pay to the state.
- Section 2 amends O.C.G.A. § 40-6-393 to add a new subsection (e) requiring restitution for minor children when a DUI vehicular homicide conviction involves the death of their parent or guardian.
- Section 2 directs courts to weigh six specific factors, including the child's financial needs and custody arrangements, in setting the restitution amount.
- Section 2 clarifies that this restitution does not block the family from pursuing other civil or criminal remedies.
- Section 3 sets the effective date as July 1, 2026, applying to offenses committed on or after that date.
Status timeline
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
Show full history (10 actions)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Josh Bonner (R, HD-073)
- Jan Jones (R, HD-047)
- Will Wade (R, HD-009)
- Ginny Ehrhart (R, HD-036)
- Sandy Donatucci (R, HD-105)
- Todd Jones (R, HD-025)
- Bo Hatchett (R, SD-050)
Votes
- House voteFebruary 27, 2025
102 yea, 54 nay (10 not voting, 14 absent)
- Senate voteMarch 31, 2026
39 yea, 10 nay (2 not voting, 3 absent)
Topics
- DUI laws
- vehicular homicide
- driver improvement clinics
- restitution for crime victims
- traffic safety fees