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Bentley’s Law: Unveiling the Intersection of Drunk Driving and Child Support

Photo Credit: Paul Biryukov/ Shutterstock

What do child support and drunk driving have in common? A seemingly random question gains significance with the enactment of Texas House Bill 393, known as “Bentley’s Law.” This legislation introduces a unique penalty for intoxication manslaughter, linking it to potential child support payments if the convicted drunk driver causes the death of a child’s parent or guardian.

Named after Bentley, a four-year-old victim of intoxication manslaughter in Missouri, the law serves as a poignant response to tragedy. Bentley, along with both parents and a sibling, fell victim to a drunk driver. The law, inspired by Bentley’s grandmother, Cecilia Williams, seeks to deter drunk driving and provide support for children left without a parent or guardian.

The law not only holds the offender accountable through imprisonment but also mandates child support payments, beginning no later than one year after the offender’s release. Bentley’s Law has extended its influence beyond Texas, having been passed in Kentucky, Tennessee, and Maine. However, it notably did not pass in Missouri, where the tragic incident occurred.

While Bentley’s Law addresses a specific scenario involving drunk driving, questions arise about its broader implications. As this law applies to cases where a parent’s death is caused by a drunk driver, considerations emerge about other instances involving parental death, such as murder or accidents. The potential impact on civil suits of this nature remains to be seen, and time will likely reveal the full extent of Bentley’s Law’s influence.

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