HB 1574: Motor vehicles; certain convictions of homicide by vehicle when operating such vehicle under the influence of alcohol or drugs; require restitution

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.

• 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.

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.

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.

• 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.

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

• Emory Dunahoo (R, HD-031)Patrocinador principal
• 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