An Act to Require Restitution for a Child Whose Parent Is Killed by a Drunk Driver
Maine Legislature, Session 131, LD 1512
Committee: Judiciary
Sponsors: STOVER, BLIER, CROCKETT, GRAMLICH, MEYER, MILLIKEN, O'CONNELL, RECKITT, RENY
Amends: 17-A MRSA §2020

Legislative Document
No. 1512
H.P. 967
House of Representatives, April 5, 2023
An Act to Require Restitution for a Child Whose Parent Is Killed by 
a Drunk Driver
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Cosponsored by Representatives: BLIER of Buxton, CROCKETT of Portland, GRAMLICH of 
Old Orchard Beach, MEYER of Eliot, MILLIKEN of Blue Hill, O'CONNELL of Brewer, 
RECKITT of South Portland, Senator: RENY of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §2020 is enacted to read:
§2020.  Child whose parent is killed during an operating under the influence offense
1. Restitution required.  In addition to any other restitution ordered under this chapter, 
if a defendant is convicted of an offense under Title 12, section 10701, subsection 1-A, 
paragraph B, C or D or Title 29-A, section 2411 that results in the death of a person and 
the person is the parent of a minor, the court shall order restitution in the form of 
maintenance for each child of the person until each child reaches 18 years of age and has 
graduated from secondary school or the majority of the class of which each child is a 
member when the child reaches 18 years of age has graduated from secondary school.
2. Amount of restitution. The court shall determine the amount of restitution under 
this section that is reasonable and necessary for the maintenance of a child under subsection 
considering all relevant factors, including:
A. The financial needs and resources of the child;
B. The financial needs and resources of any surviving parent or guardian of the child, 
including the State if the child is in the custody of the Department of Health and Human 
Services;
C. The standard of living to which the child is accustomed;
D. The physical and emotional condition of the child and the child's emotional needs;
E. The child's physical and legal custody arrangements; and
F. The reasonable work-related child care expenses of any surviving parent or guardian 
of the child.
3. Payments to clerk. The defendant shall make restitution payments to the clerk of 
the court as trustee for remittance to the child's parent or guardian under subsection 2, 
paragraph B. The clerk shall deposit a payment no later than the next business day after 
receipt of the payment and remit the payment to the surviving parent or guardian designated 
by the court within 10 business days of receipt of the payment. 
4. Incarcerated defendant.  If the defendant under subsection 1 is incarcerated and 
unable to pay the restitution, the defendant has up to one year after release from 
incarceration to begin payment, including entering into a payment plan, of the arrearage. If 
the restitution period under subsection 1 ends and the restitution is not paid in full, 
payments must continue until the arrearage is paid.
5. Civil action by surviving parent or guardian.  If a surviving parent or guardian 
brings a civil action against the defendant prior to the court's ordering restitution under 
subsection 1 and the parent or guardian obtains a favorable judgment in the civil action, the 
court may not order the restitution. If a surviving parent or guardian brings a civil action 
against the defendant and obtains a favorable judgment subsequent to the court's ordering 
restitution under subsection 1, the restitution must be offset by the amount of the judgment 
awarded in the civil action.
SUMMARY
This bill requires that a defendant convicted of operating under the influence, when the 
crime resulted in the death of a person who is a parent of a minor, pay restitution to the 
surviving parent or guardian for each child of the person killed until each child reaches 18 
years of age and graduates, or the classes in which the children are members graduate, from 
secondary school. The amount of restitution is based upon relevant factors regarding the 
child's needs and accustomed standard of living. Any arrearage accumulated due to the 
defendant's being incarcerated is required to be paid after the defendant is released from 
incarceration.  The court is prohibited from ordering restitution if a surviving parent or 
guardian obtains a civil judgment against the defendant prior to sentencing, and any civil 
judgment obtained after restitution is ordered offsets the restitution.