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H2038 • 2025

An Act to require restitution for a child whose parent is killed by a drunk driver

An Act to require restitution for a child whose parent is killed by a drunk driver

Children
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Marcus S. Vaughn
Last action
2026-03-26
Official status
Accompanied a study order, see H5281 (under House Rule 27)
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

An Act to require restitution for a child whose parent is killed by a drunk driver

An Act to require restitution for a child whose parent is killed by a drunk driver By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No.

What This Bill Does

  • An Act to require restitution for a child whose parent is killed by a drunk driver By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No.
  • 2038) of Marcus S.
  • Vaughn and Bruce E.
  • Tarr for legislation to require restitution for a child whose parent is killed by a drunk driver.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-03-26 House

    Accompanied a study order, see H5281 (under House Rule 27)

  2. 2025-09-16 Joint

    Hearing scheduled for 09/23/2025 from 01:00 PM-05:00 PM in A-2

  3. 2025-02-27 House

    Referred to the committee on The Judiciary

  4. 2025-02-27 Senate

    Senate concurred

  5. House

    Reported by committee to Clerk’s Office for processing, will accompany a study order

Official Summary Text

An Act to require restitution for a child whose parent is killed by a drunk driver
By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 2038) of Marcus S. Vaughn and Bruce E. Tarr for legislation to require restitution for a child whose parent is killed by a drunk driver. The Judiciary.

Current Bill Text

Read the full stored bill text 
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Bill H.2038

SECTION 1. Section 13 ½ of Chapter 265 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting the following subsection:-

“(a) The court shall order a defendant convicted of vehicular homicide while intoxicated resulting in the death of a parent or guardian to pay restitution to the victim’s surviving children.

(1)

The court shall determine an amount to be paid monthly for the support of the child until the child reaches the age of 18 or graduates high school, whichever comes later.

(2)

The defendant shall not be required to pay restitution under this article to an individual who is 19 years of age or older, unless the individual pursues higher education where the defendant shall be required to pay restitution until the individual reaches the age of 22 or graduates from a higher education program, whichever comes first.

(3)

The court shall determine an amount for restitution that is reasonable and necessary to support the child, considering all relevant factors including: the financial needs and resources of the child; the financial needs and resources of the surviving parent or guardian; the standard of living to which the child is accustomed; the physical and emotional condition of the child and the child’s educational needs; the child’s physical and legal custody arrangements; and the reasonable, work-related child care expenses of the surviving parent or guardian, if applicable.

(b) The order shall require restitution payments to be made to the surviving parents or guardian.

(c) If a defendant ordered to pay restitution under this article is unable to make the required restitution payments due to incarceration, the defendant shall begin payments no later than 1 year following their release. The defendant may enter into a payment plan to address any arrearage that exists on the date of the defendant’s release.

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