Drunk drivers causing parental deaths now responsible for child support in Texas.
Drunk Drivers Convicted of Intoxication Manslaughter Now Required to Pay Child Support in Texas
Starting from September 1, a new Texas law mandates that drunk drivers who are convicted of intoxication manslaughter must pay child support if they cause the death of a parent or guardian in a car crash. This bipartisan bill, signed by Governor Greg Abbott in June, aims to hold offenders accountable for their actions and provide financial support for the children left behind.
“Any time a parent passes is tragic, but a death at the hands of a drunk driver is especially heinous,” said Mr. Abbott. “I was proud to sign HB 393 into law this year to require offenders to pay child support for the children of their victims.”
Advocates Aim to Discourage Drunk Driving
Advocates of the law believe that it will serve as a deterrent against drunk driving. Under Texas House Bill 393, the court is now authorized to order restitution for a child whose parent or guardian was a victim of intoxicated manslaughter. The legislation specifies that the court will determine a monthly payment amount for the child’s support until they reach 18 years of age or graduate from high school.
Factors Considered in Determining Restitution
When deciding the restitution amount, the court will take into account various factors, including the child’s financial situation and needs. The finances of the surviving parent, guardian, or the Department of Family and Protective Services may also be considered. Additionally, the child’s standard of living, overall well-being, and any childcare costs incurred by the surviving parent will influence the court’s decision.
Intoxicated manslaughter in Texas carries a potential penalty of up to two decades in prison. The person convicted of this offense must initiate child support payments within one year of their release. Even if the payment period extends beyond their time in jail, they are required to fulfill all outstanding payments. The child support payments will continue until each child of the victim reaches the age of 18.
‘Bentley’s Law’: A Tragic Inspiration
The law has been dubbed “Bentley’s Law” in honor of Cecilia Williams’ son, daughter-in-law, and four-month-old grandson, who tragically lost their lives in a crash involving a drunk driver in April 2021. Ms. Williams, a Missouri woman, has been instrumental in advocating for stricter laws against impaired driving.
“Bentley’s Law was created out of a tragedy that has affected the lives of two beautiful boys, Bentley and Mason, and the lives of our family. These crashes are totally preventable, and I will continue to fight for change for all who have suffered from impaired drivers. Many families like mine suffer such a loss every second of every day, and Bentley’s Law will bring change to hold the offender accountable for such horrific actions.”
Tennessee became the first state to pass “Bentley’s Law” in July 2022, and more than 20 other states are considering similar legislation.
Drunk Driving in Texas: A Troubling Reality
Texas ranks third in the nation for drunk driving rates, according to a Forbes analysis in late 2022. The state has the highest number of underage drunk drivers involved in fatal crashes per 100,000 residents. Additionally, Texas has the second-highest number of drunk drivers involved in fatal crashes overall, trailing only Montana.
The implementation of this new law is a significant step towards combating drunk driving and providing support for the innocent children affected by these tragic incidents.
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