HB 1558 — A BILL for an Act to create and enact a new subdivision to subsection 4 of section 12.1-32-07, a new subsection to section 12.1-32-08, and a new section to chapter 39-08 of the North Dakota Century Code, relating to restitution for the child of a victim of criminal vehicular homicide and conditions of probation; to amend and reenact subsection 5 of section 12.1-32-06.1 of the North Dakota Century Code, relating to the extension of probation; to provide a penalty; and to provide for application.

25.0072.0600025.0072.05000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT with Senate Amendments ENGROSSED HOUSE BILL NO.

to amend and reenact subsection 5 of section 12.1-32-06.1 of the North Dakota Century Code, relating to the extension of probation;

AMENDMENT.

Subsection 5 of section 12.1-32-06.1 of the North Dakota Century Code is amended and reenacted as follows:

5.

If the defendant has pled or been found guilty of abandonment or nonsupport of spouse or children, the period of probation may be continuedor of criminal vehicular homicide in violation of section 39-08-01.2, the court may, in addition to an initial period of probation, impose an additional period of unsupervised probation for as long as responsibility for support continues.

SECTION 2.

SECTION 3.2.

PageWhen No.sentencing a person adjudged guilty of criminal vehicular homicide in violation of section 39-08-01.2, the court may order, in accordance with the provisions of section 3 of this Act, parental loss restitution.

1SECTION 25.0072.060003. Sixty-ninth Legislative Assembly When sentencing a person adjudged guilty of criminal vehicular homicide in violation of section 39-08-01.2, the court may order, in accordance with the provisions of section 4 of this Act, parental loss restitution.

SECTION 4.

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The survivingprosecutor parentshall ornotify legalthe guardianindividual of the victim'srecommended childrenamount mayof make a claim for parental loss restitution andbefore maythe submithearing informationunder bysubsection a3. claim affidavit and, as applicable, supporting information.

The prosecutor shall serve the individual with a copy of the claim affidavit and supporting information at least ten days before the hearing under subsection 3, unless the individual waives the right to service.

The claimcourt affidavit may includeconsider all relevant factors in determining a parental loss restitution amount that is reasonable and necessary for the maintenance of each child, including:

The financial needs and resources of the surviving parentparent, or,or if no other parent is alive or capable of caring for the child, the legal guardian of the child;

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The court may order the parental loss restitution payments be made to the clerk of court as trustee for remittance to the state's attorney's office.

The clerk shall remit the Page No.

2 25.0072.05000 Sixty-ninth Legislative Assembly payments to the state's attorney's office within ten working days of receipt by the clerk.

The state's attorney's office shall deposit all payments no later than the next business day after receipt.

The state's attorney's office shall remit payments to the surviving parent or legal guardian within ten working days.

8.

8.9.

9.

Notwithstanding any other provision of law, if a court orders an individual to make parental loss restitution payments under this section and a surviving parent or guardian subsequently obtains a civil judgment related to the same incident, a court or jury may not consider the amount of parental loss restitution when determining the amount awarded in the civil judgment.

PageSECTION No.4.

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