---
title: HB 1574. Motor vehicles; certain convictions of homicide by vehicle when operating such vehicle under the influence of alcohol or drugs; require restitution
collection: bills
id: 2025-2026/hb1574
cite_as: HB 1574, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1574
md_url: https://georgiacommons.org/bills/2025-2026/hb1574.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1574/text
source_url: https://www.legis.ga.gov/legislation/74207
date: 2026-03-20
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1574.md?full=1
bill_number: HB 1574
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-03-18
last_action: House Second Readers
sponsors:
- Emory Dunahoo
- Tyler Smith
- Danny Mathis
- Jesse Petrea
- David Clark
- Dale Washburn
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1574/2025
upstream_id: 2135880
summaries_model: claude-sonnet-5
topic_tags:
- DUI laws
- vehicular homicide
- victim restitution
- child support
- criminal sentencing
---
# HB 1574. Motor vehicles; certain convictions of homicide by vehicle when operating such vehicle under the influence of alcohol or drugs; require restitution
## Text
House Bill 1574
By: Representatives Dunahoo of the 31st, Smith of the 18th, Mathis of the 133rd, Petrea of the
166th, Clark of the 100th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated,
relating to serious traffic offenses, so as to require restitution for certain convictions of
homicide by vehicle when operating such vehicle under the influence of alcohol or drugs; to
provide for standards for such award amount; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to
serious traffic offenses, is amended by revising Code Section 40-6-393, relating to homicide
by vehicle, as follows:
"40-6-393.
(a) Any person who, without malice aforethought, causes the death of another person
through the violation of subsection (a) of Code Section 40-6-163, Code Sections 40-6-390
through 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of
homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by
imprisonment for not less than three years nor more than 15 years.
(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident
which causes the death of another person and leaves the scene of the accident in violation
of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in
the first degree and, upon conviction thereof, shall be punished by imprisonment for not
less than three years nor more than 15 years.
(c) Any person who causes the death of another person, without an intention to do so, by
violating any provision of this title other than subsection (a) of Code Section 40-6-163,
subsection (b) of Code Section 40-6-270, Code Sections 40-6-390 through 40-6-391, or
subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the
second degree when such violation is the cause of said death and, upon conviction thereof,
shall be punished as provided in Code Section 17-10-3.
(d) Any person who, after being declared a habitual violator as determined under Code
Section 40-5-58 and while such person's license is in revocation, causes the death of
another person, without malice aforethought, by operation of a motor vehicle, commits the
offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be
punished by imprisonment for not less than five years nor more than 20 years, and
adjudication of guilt or imposition of such sentence for a person so convicted may be
suspended, probated, deferred, or withheld but only after such person shall have served at
least one year in the penitentiary.
(e)(1) In addition to the penalties provided for in this Code section, the court shall order
any person convicted under subsection (a) or (d) of this Code section for causing the
death of another person through a violation of Code Section 40-6-391 to make restitution
pursuant to Article 1 of Chapter 14 of Title 17 when the victim was the legal parent or
guardian of a minor child. Such restitution shall be in an amount that provides for
financial assistance to each of the victim's minor children until the earlier date of when
such child reaches the age of 18 or graduates from high school. In making a
determination of the appropriate amount of financial assistance for a child, the court shall
consider:
(A) The financial resources and needs of the child;
(B) The financial resources and needs of the surviving legal parent or guardian of the
child, which may include the state if the child is in the protective custody of the
Division of Family and Children Services of the Department of Human Services;
(C) The standard of living to which the child is accustomed;
(D) The physical and emotional condition of the child and the child's educational
needs;
(E) The child's physical and legal custody arrangements; and
(F) The reasonable work related child care expenses of the surviving legal parent or
guardian.
(2) No restitution shall be ordered pursuant to this subsection when a civil judgment for
the death has been obtained prior to sentencing. Any restitution amount ordered pursuant
to this subsection shall be offset by any civil judgment or any award paid pursuant to
Chapter 15 of Title 17 after sentencing which provides for financial assistance for the
child."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1574 would require Georgia courts to order restitution payments for the minor children of victims killed by a drunk or drugged driver convicted of vehicular homicide.
### Plain-language summary
Georgia's vehicular homicide law (O.C.G.A. § 40-6-393) currently sets prison terms for people convicted of causing a death while driving under the influence or as a habitual violator, but it does not require them to pay restitution to the victim's family. This bill adds a new subsection requiring courts to order restitution when the victim was the legal parent or guardian of a minor child and the conviction stemmed from driving under the influence.
The restitution would provide financial assistance to the victim's minor children until each child turns 18 or graduates high school, whichever comes first. Courts would weigh factors like the child's needs, the surviving guardian's finances (including state support if the child is in foster care), the child's standard of living, and childcare costs. No restitution would be ordered if a civil judgment already covered the death before sentencing, and any restitution would be reduced by amounts already received through civil judgments or the state's crime victim compensation program.
### What it does
- Adds a new subsection to Georgia's vehicular homicide law requiring courts to order restitution when a DUI-related conviction caused the death of a minor child's parent or guardian.
- Directs that restitution continue providing financial assistance to each affected child until age 18 or high school graduation, whichever happens first.
- Lists six factors courts must weigh when setting the restitution amount, including the child's needs, the surviving guardian's finances, and childcare costs.
- Bars restitution orders when a civil judgment for the death was already obtained before sentencing.
- Requires any restitution amount to be offset by prior civil judgments or payments from the state's crime victim compensation program.
### Who it affects
People convicted of homicide by vehicle for driving under the influence, the surviving minor children and guardians of victims who were parents, judges who must calculate and order restitution, and potentially the Division of Family and Children Services if a child is in foster care.
### Why it matters
Families who lose a parent to a drunk or drugged driver could receive court-ordered financial support for surviving children through high school, rather than relying only on civil lawsuits. Judges would gain new duties to calculate restitution using specific financial and personal factors about each child.
### Key provisions
- Section 1 amends O.C.G.A. § 40-6-393 by adding subsection (e), requiring restitution for convictions under subsections (a) or (d) tied to a violation of the DUI statute, O.C.G.A. § 40-6-391.
- Restitution applies only when the victim was the legal parent or guardian of a minor child, and support continues until the child turns 18 or graduates high school.
- Courts must consider six specific factors, including the child's financial needs, the guardian's resources, standard of living, physical and emotional condition, custody arrangements, and childcare costs.
- Restitution is barred if a civil judgment for the death was obtained before sentencing, and any awarded amount is offset by later civil judgments or crime victim compensation payments.
- Section 2 repeals conflicting laws.
## Status
- Status: Introduced (2026-03-18)
- Last action: House Second Readers (2026-03-20)
- Sponsors: Emory Dunahoo, Tyler Smith, Danny Mathis, Jesse Petrea, David Clark, Dale Washburn
- Official page: https://www.legis.ga.gov/legislation/74207
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1574.md?full=1