MontanaHB 71269th Legislature, Regular Session (2025)House

Provide for restitution payments to children of certain homicide victims

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Restitution with interest; Corrections collects felony payments

When a victim has a money loss, the judge must order full restitution plus interest. If the child‑support restitution law applies, the court must also order those payments. For felony cases, the Department of Corrections collects restitution and sends it to the person named by the court. Offenders also pay the cost of supervising these payments. These collection rules take effect July 1, 2027.

Monthly support for children after DUI homicide

If someone is convicted of vehicular homicide while under the influence, the judge orders monthly support for each minor child of the person who died. Payments continue until the child turns 18 or graduates high school, whichever is later; no payments go to someone 19 or older. The court sets the amount based on the child’s needs, the family’s resources, and custody and care costs. If the offender was in prison and could not pay, payments must start no later than one year after release, and a plan must cover past‑due amounts. If a civil judgment was entered before the restitution order, the court does not order these payments; any later civil judgment reduces what is owed.

Tighter limits on deferred criminal sentences

For vehicular homicide while under the influence, judges may not defer imposing a sentence. If a deferred sentence includes a money obligation, it can last no more than 2 years for a misdemeanor or 6 years for a felony.

Sponsors & Cosponsors

Sponsor

Bob Carter
Democrat • House

Cosponsors

Cora Neumann
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 291 • No: 6

House vote • 4/17/2025

Do Concur

Yes: 45 • No: 5

House vote • 4/16/2025

Do Concur

Yes: 48 • No: 1

House vote • 3/7/2025

Do Pass

Yes: 99 • No: 0

House vote • 3/6/2025