RELATED TO DRIVING UNDER THE INFLUENCE.

HB711

HOUSE OF REPRESENTATIVES

H.B. NO.

711

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

Related
to Driving under the Influence
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1
.
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Chapter 706, Hawaii Revised Statutes, is
amended by adding a new section to part III to be appropriately designated and
to read as follows:

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"
�706-
�
Victim restitution; financial support for
minor children of victims of driving under the influence.
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(1)
�

Notwithstanding any law to the contrary, if a defendant is convicted of
violating section 707-702.5(1)(a) and the violation caused the death of a
parent or legal guardian of a minor child, the sentencing court shall order the
defendant to make restitution in the form of financial support to each
surviving child of the victim until the child reaches:

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(a)
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Eighteen years of age; or

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(b)
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Nineteen years of age if the child
is still enrolled in high school.

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(2)
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In determining an amount that is reasonable
and necessary for the financial support of the victim's child, the court shall
consider all relevant factors, including the:

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(a)
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Financial needs and resources of the
child;

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(b)
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Financial resources and needs of the
surviving parent or legal guardian of the child;

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(c)
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Standard of living to which the
child is accustomed;

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(d)
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Physical and emotional condition of
the child and the child's educational needs;

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(e)
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Child's physical and legal custody
arrangements; and

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(f)
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Reasonable child care expenses of
the surviving parent or legal guardian.

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(3)
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The court shall order that payments made to
financially support the child be made to the clerk of the court as trustee for
remittance to the child's surviving parent or legal guardian.
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The clerk shall:

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(a)
�
R
emit the payments to the
surviving parent or legal guardian within three working days of receipt by the
clerk; and

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(b)
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Deposit
all payments no later than the next working day after receipt.

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(4)
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If a defendant who is ordered to make restitution in the form of
financial support for the child under this section is incarcerated and unable
to make the required restitution, the defendant shall have up to one year after
the release from incarceration to begin payment, including entering into a
payment plan to address any arrearage.

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(5)
�

If a defendant's payments to financially support the child are set to
terminate but the defendant's obligation is not paid in full, the payments to
financially support the child shall continue until the entire arrearage is
paid.

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(6)
�

If the surviving parent or legal guardian of the child brings a civil
action against the defendant before the sentencing court orders restitution to
financially support the child and the surviving parent or legal guardian
obtains a judgment and full satisfaction of damages in the civil suit,
restitution shall not be ordered under this section.

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(7)
�

If the court orders the defendant to make restitution to financially
support the child under this section and the surviving parent or legal guardian
subsequently brings a civil action and obtains a judgment, the restitution
order shall be offset by the amount of the judgment awarded and paid by the
defendant or the defendant's insurance for lost wages.
"

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SECTION
2
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�
Section 706-605, Hawaii Revised Statutes, is
amended by amending subsection (7) to read as follows:

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"(7)
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The court shall order the defendant to make restitution for losses as
provided in section 706-646[
.
]
and, if applicable, for the financial
support of minor children as provided in section 706- .
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In ordering restitution, the court shall not
consider the defendant's financial ability to make restitution in determining
the amount of restitution to order.
�
The
court, however, shall consider the defendant's financial ability to make
restitution for the purpose of establishing the time and manner of payment."

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SECTION 3.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Negligent
Homicide in the First Degree; Driving Under the Influence; Victim Restitution;
Child Support

Description:

Requires
defendants convicted of causing the death of a parent or legal guardian of a
minor child
by the operation of a vehicle in a negligent manner while
under the influence of drugs or alcohol to make restitution in the form of
financial support to each surviving child of the victim.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.