Under a newly implemented state law, individuals in Texas who are convicted of intoxicated manslaughter and have caused the death of a child’s parent or parents in a crash will now be required to pay child support.
According to the new law, the court will determine the monthly amount owed to the victim’s child until the child reaches the age of 18 or graduates from high school, whichever comes later.
The law specifies that the amount of financial restitution is based on factors such as the child’s monetary needs, the child’s previous standard of living, their physical and emotional well-being, educational needs, residential and custodial situation, and the childcare expenses of their guardian.
If the defendant is unable to make payments due to being incarcerated, they will need to start making payments no later than one year after their release. Furthermore, defendants are allowed to enter into payment plans, and any outstanding arrears must be paid, even if the restitution end date has passed while they were in prison.
Texas House Bill 393, also known as “Bentley’s Law,” was signed into law by Governor Greg Abbott in June. Intoxicated manslaughter, as defined by Texas criminal law, encompasses deaths caused by drunk airplane and boat pilots, as well as amusement park ride operators.
In a post on X in late July, Governor Abbott stated, “Any time a parent passes, it is tragic, but a death caused by a drunk driver is especially heinous. I am proud to have signed HB 393 into law this year, which requires offenders to pay child support for the children of their victims.”
The law in Texas is part of a growing trend seen in other states, with statutes similar to “Bentley’s Law” being introduced or drafted. Williams’ grandmother, Cecilia Williams, has played a crucial role in advocating for the law. While the legislation has not yet been passed in Missouri, over 12 other states have taken steps towards implementing similar measures.
“These crashes are entirely preventable, and I will continue to fight for change on behalf of all those who have suffered due to impaired drivers. Many families, like mine, experience such a loss every second of every day, and Bentley’s Law will bring about the necessary change to hold the offender accountable for their horrific actions,” Ms. Williams said in a statement issued by Mothers Against Drunk Driving.
Currently, four states have passed laws that require drunk drivers to pay restitution to the children of deceased victims. Tennessee was the first state to do so, with the law signed in May 2022. Kentucky expanded on this by enacting a law in April 2023 that also mandates restitution to be paid to children whose parent or guardian survived but suffered permanent injuries.
Texas enacted their law on June 2, and a similar law was signed in Maine on June 23. However, the push to pass “Bentley’s Law” has faced obstacles in Louisiana, where Governor John Bel Edwards vetoed similar legislation on June 28, as reported by MADD.
