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Drunken drivers in Texas to pay child support if parents killed

  • HB 393 aims to prevent financial uncertainty from drunken drivers’ actions
  • It was inspired by Missouri’s Bentley’s Law, introduced after a 2021 crash
  • "We gotta save lives and I believe this is how it’s done”

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DALLAS (NewsNation) — In 2021, Cecilia Williams tragically lost her son, daughter-in-law and grandson in a drunk-driving crash in Missouri. Her surviving grandson, Bentley, is now under her care. As a result of this devastating incident, Williams believes that the responsible driver should contribute financially to raising Bentley, as well as drivers across Texas and the United States who are convicted of similar offenses.

Convicted drunken drivers in Texas, Tennessee, Kentucky and Maine face higher consequences for their actions. In these states, they may be required to pay child support for the children who lose their parents in the crash.

“I heard stories from families who were suddenly raising children again and it was really hard for them so by creating this law it gives them financial stability,” Williams said.

After experiencing her family’s devastating loss, Williams helped introduce Bentley’s Law in Missouri. It aims to ensure that drunken drivers pay child support in the event that a parent or guardian is killed in a crash and prevent children or guardians from facing financial instability due to the driver’s actions.

Inspired by this law, at least 12 other states are considering similar bills.

The amount to be paid each month by the offender is determined by a judge, and if the offender is incarcerated, they must begin making payments within a year of their release.

“We gotta save lives and I believe this is how it’s done,” Williams said.

Tennessee was the first state to pass such a law last year, and it will soon take effect in Texas.

House Bill 393 states that a defendant convicted of intoxication manslaughter will be ordered to pay restitution for a child whose parent or guardian was the victim of the offense.

The bill, which was filed by Texas Rep. Craig Goldman, goes on to say that a court will determine the amount to be paid monthly until the child reaches 18 years old, or graduates high school.

The law will only apply to offenses committed on or after the effective date. The law will go into effect on Sept. 1.

In Louisiana, lawmakers are attempting to override the governor’s veto of a similar bill.

According to the National Highway Transportation Highway Safety Administration, nearly 40 people lose their lives every day in drunken driving crashes, equivalent to one person every 39 minutes.

Attorney Steven Benvenisti could have been a victim when he was hit by a repeat offender at the age of 21. Since then, he’s made it his mission to represent families who are victims of drivers under the influence.

“As much as losing a parent has emotional hardship that is beyond measurement, the economic hardship is real,” he said.

Benvenisti believes that families affected should have the right to sue offenders in addition to Bentley’s Law.

“I would prefer someone have that opportunity through the civil lawsuit against a drunk driver because often the driver does not have assets or insurance necessary for what it costs, but perhaps they were at a bar where they have more insurance money to compensate the victim,” he explained.

Williams hopes for the widespread adoption of laws like Bentley’s Law across all states, or even at the federal level. She believes that such laws aren’t just about the victims, it’s also about providing an opportunity for offenders to change for the better.

Morning In America

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed

 

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