Under a new state law that went into effect on Friday, drivers in Texas who are convicted of intoxicated manslaughter and kill a child’s parent or parents in a crash will now have to pay child support.
The court will determine the amount of monthly child support payments until the child turns 18 or graduates high school, whichever comes later. The law takes into account factors such as the child’s monetary needs, previous standard of living, physical and emotional state, educational needs, residential and custodial situation, and the childcare expenses of the child’s guardian.
If a defendant is unable to pay while imprisoned, they must begin making payments within one year of their release. The law also allows for payment plans, and any outstanding child support payments must be made, even if the restitution end date passed while the defendant was in prison.
This law, known as Texas House Bill 393 or “Bentley’s Law,” was signed by Governor Greg Abbott in June. It expands the definition of intoxicated manslaughter to include deaths caused by drunk airplane and boat pilots, as well as amusement park ride operators.
Bentley’s Law is named after Bentley Williams, a child from Missouri who was left orphaned by a car crash. Although it has not yet been passed in Missouri, over 12 other states have introduced or drafted similar legislation.
Cecilia Williams, Bentley’s grandmother, has been actively advocating for the law. She lost her daughter and son-in-law in the car crash and believes that such crashes are preventable. She stated, “Bentley’s Law will bring change to hold the offender accountable for such horrific actions.”
Four states, including Tennessee, Kentucky, Texas, and Maine, have already passed laws requiring drunk drivers to pay restitution to the children of deceased victims. However, Louisiana’s similar law was vetoed by Governor John Bel Edwards.
Unique Perspective: It is encouraging to see laws being implemented to hold drunk drivers accountable for their actions. By requiring them to pay child support to the children left behind, these laws acknowledge the long-lasting impact of their irresponsible behavior. Not only does it provide financial support for the affected children, but it also sends a message that driving while intoxicated is a serious offense with severe consequences. Hopefully, these laws will serve as a deterrent and help prevent future tragedies on the road.
