Georgia House Bill HB1574

Georgia 2025-2026 Regular Session

• Introduced: 3/18/26

Caption

Motor vehicles; certain convictions of homicide by vehicle when operating such vehicle under the influence of alcohol or drugs; require restitution

Summary

HB 1574 amends Georgia’s homicide-by-vehicle law to require courts to order restitution in certain DUI-related fatality cases. Specifically, when a person is convicted under the first-degree homicide-by-vehicle provisions tied to driving under the influence of alcohol or drugs, and the victim was the legal parent or guardian of a minor child, the court must order restitution to provide financial assistance for each minor child until the child turns 18 or graduates from high school, whichever comes first. The bill also applies this restitution requirement to cases involving a habitual violator driving on a revoked license when the death resulted from a DUI-related violation. The bill sets out factors courts must consider when determining the amount of financial assistance, including the child’s needs, the surviving parent or guardian’s resources, the child’s standard of living, physical and emotional condition, educational needs, custody arrangements, and reasonable child care expenses. It also bars restitution if a civil judgment for the death has already been obtained before sentencing, and requires any restitution ordered under the bill to be offset by later civil judgments or certain awards that provide financial assistance for the child.

Impact

HB 1574 would amend Code Section 40-6-393 in Georgia’s motor vehicle criminal code, adding a mandatory restitution remedy on top of existing prison penalties for certain homicide-by-vehicle convictions. The bill would create a new financial obligation for offenders convicted in DUI-related fatal crashes involving a victim who was a parent or guardian of a minor child, and it would direct courts to use a child-support-like needs analysis when setting the amount. It would also interact with Georgia’s restitution statutes in Title 17 and with civil wrongful death recoveries by preventing double recovery and requiring offsets for later awards.

Sentiment

The bill appears to have been framed as a victim- and child-protection measure, with its focus on providing ongoing financial support to minor children after a parent or guardian is killed in a DUI-related crash. Because no committee transcript or vote record is provided, there is no documented debate or recorded opposition in the supplied materials. Based on the text alone, the measure likely has a sympathetic public-safety and victim-support appeal, especially given its narrow application to serious traffic offenses involving intoxicated driving and fatal consequences.

Contention

The main points of potential contention are the scope and administration of the restitution requirement. Questions could arise over whether mandatory financial assistance should be imposed in criminal sentencing, how courts should calculate amounts using broad discretionary factors, and how the obligation should interact with civil wrongful death claims and later compensation awards. Another possible issue is the bill’s limited trigger—only cases where the victim was a legal parent or guardian of a minor child—which may prompt discussion about whether other surviving dependents should also be covered. No specific opposing viewpoints are documented in the provided history.