HB1574: HB1574 Motor vehicles; certain convictions of homicide by vehicle when operating such vehicle under the influence of alcohol or drugs; require restitution

Georgia's homicide by vehicle 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 the offender to pay restitution to the victim's surviving children. This bill would change that. Under the bill, if a person is convicted of homicide by vehicle in the first degree for a DUI-related death, and the victim was the legal parent or guardian of a minor child, the court would have to order restitution to support that child financially until the child turns 18 or graduates high school. Judges would weigh factors like the child's needs, the surviving guardian's finances, the child's standard of living, and child care costs. No restitution would be ordered if a civil judgment for the death was already reached before sentencing, and any restitution would be reduced by other civil awards received after sentencing.

• Adds a new requirement that courts order restitution when someone is convicted of homicide by vehicle in the first degree under DUI-related provisions and the victim was a minor child's parent or guardian.
• Sets the restitution period to last until the child turns 18 or graduates from high school, whichever comes first.
• Lists six specific factors judges must consider when calculating the restitution amount, including the child's financial needs and living standard.
• Bars restitution under this provision if a civil judgment for the death was already obtained before sentencing.
• Requires any restitution ordered to be reduced by amounts already received through civil judgments or certain state victim compensation awards.

People convicted of homicide by vehicle in the first degree involving DUI or habitual violator offenses, the surviving minor children and guardians of victims killed in such crashes, and Georgia judges who would apply the new restitution standards during sentencing.

Families who lose a parent or guardian to a drunk or impaired driver could receive court-ordered financial support for surviving minor children, rather than relying solely on separate civil lawsuits, changing how sentencing addresses the practical needs of affected families.

• Section 1 revises O.C.G.A. § 40-6-393(e) to require restitution under Article 1 of Chapter 14 of Title 17 for convictions under subsection (a) or (d) tied to a violation of O.C.G.A. § 40-6-391 (DUI).
• Restitution applies only when the victim was the legal parent or guardian of a minor child, and continues until the child turns 18 or graduates high school.
• Courts must weigh six factors, including the child's financial resources, the surviving guardian's resources (which may include state custody situations), living standards, physical and emotional condition, custody arrangements, and child care costs.
• No restitution is ordered if a civil judgment for the death was obtained before sentencing, and any ordered restitution is offset by later civil judgments or victim compensation awards under Chapter 15 of Title 17.
• Section 2 repeals conflicting laws.

1. 2026-03-20House Second Readers (House)
2. 2026-03-19House First Readers (House)
3. 2026-03-18House Hopper (House)

• Emory Dunahoo (R, HD-031)Primary sponsor
• Tyler Smith (R, HD-018)
• Danny Mathis (R, HD-133)
• Jesse Petrea (R, HD-166)
• David Clark (R, HD-100)
• Dale Washburn (R, HD-144)

• DUI laws
• vehicular homicide
• victim restitution
• child support
• criminal sentencing