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

26 LC 39 5037 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 Co de of Georgia Annotated,1 relating to serious traffic offenses, so as to require restitut ion for certain convictions of2 homicide by vehicle when operating such vehicle under the influence of alcohol or drugs; to3 provide for standards for such award amount; to provide for rel ated matters; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 15 of Chapter 6 of Title 40 of the Official Code of Geo rgia Annotated, relating to8 serious traffic offenses, is amended by revising Code Section 40-6-393, relating to homicide9 by vehicle, as follows:10 "40-6-393.11 (a) Any person who, without malice aforethought, causes the de ath of another person12 through the violation of subsection (a) of Code Section 40-6-163, Code Sections 40-6-39013 through 40-6-391, or subsection (a) of Code Section 40-6-395 co mmits the offense of14 homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by15 imprisonment for not less than three years nor more than 15 years.16 H. B. 1574 - 1 - 26 LC 39 5037 (b) Any driver of a motor vehicle who, without malice aforethought, causes an accident17 which causes the death of another person and leaves the scene of the accident in violation18 of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in19 the first degree and, upon conviction thereof, shall be punishe d by imprisonment for not20 less than three years nor more than 15 years.21 (c) Any person who causes the death of another person, without an intention to do so, by22 violating any provision of this title other than subsection (a) of Code Section 40-6-163,23 subsection (b) of Code Section 40-6-270, Code Sections 40-6-390 through 40-6-391, or24 subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the25 second degree when such violation is the cause of said death and, upon conviction thereof,26 shall be punished as provided in Code Section 17-10-3.27 (d) Any person who, after being declared a habitual violator a s determined under Code28 Section 40-5-58 and while such person's license is in revocatio n, causes the death of29 another person, without malice aforethought, by operation of a motor vehicle, commits the30 offense of homicide by vehicle in the first degree and, upon co nviction thereof, shall be31 punished by imprisonment for not less than five years nor more than 20 years, and32 adjudication of guilt or imposition of such sentence for a pers on so convicted may be33 suspended, probated, deferred, or withheld but only after such person shall have served at34 least one year in the penitentiary.35 (e)(1) In addition to the penalties provided for in this Code section, the court shall order36 any person convicted under subsection (a) or (d) of this Code s ection for causing the37 death of another person through a violation of Code Section 40-6-391 to make restitution38 pursuant to Article 1 of Chapter 14 of Title 17 when the victim was the legal parent or39 guardian of a minor child. Such restitution shall be in an amo unt that provides for40 financial assistance to each of the victim's minor children until the earlier date of when41 such child reaches the age of 18 or graduates from high school. In making a42 H. B. 1574 - 2 - 26 LC 39 5037 determination of the appropriate amount of financial assistance for a child, the court shall43 consider:44 (A) The financial resources and needs of the child;45 (B) The financial resources and needs of the surviving legal parent or guardian of the46 child, which may include the state if the child is in the prote ctive custody of the47 Division of Family and Children Services of the Department of Human Services;48 (C) The standard of living to which the child is accustomed;49 (D) The physical and emotional condition of the child and the child's educational50 needs;51 (E) The child's physical and legal custody arrangements; and52 (F) The reasonable work related child care expenses of the sur viving legal parent or53 guardian.54 (2) No restitution shall be ordered pursuant to this subsection when a civil judgment for55 the death has been obtained prior to sentencing. Any restitution amount ordered pursuant56 to this subsection shall be offset by any civil judgment or any award paid pursuant to57 Chapter 15 of Title 17 after sentencing which provides for fina ncial assistance for the58 child."59 SECTION 2.60 All laws and parts of laws in conflict with this Act are repealed.61 H. B. 1574 - 3 -