Posted on 09/03/2023 2:08:49 AM PDT by thegagline
Texas drunken drivers who kill a child’s parent or guardian in a crash are now liable to pay child support, according to legislation that went into effect Friday.
Texas House Bill 393, also known as Bentley’s Law, was first filed on Nov. 14 of last year. Texas Gov. Greg Abbott signed the bill on June 2.
“Any time a parent passes is tragic, but a death at the hands of a drunk driver is especially heinous,” the Republican governor wrote on X, formerly known as Twitter.
“I was proud to sign HB 393 into law this year to require offenders to pay child support for the children of their victims.”
According to the law, intoxicated manslaughter culprits are only on the hook until the child turns 18 years old or finishes high school.
“[T]he court shall determine an amount to be paid monthly for the support of the child until the child reaches 18 years of age or has graduated from high school, whichever is later,” the text reads.
The amount of child support depends on multiple factors, including the child’s educational needs, medical needs and any reasonable childcare costs. The standard of living that the child is used to is also considered.
(Excerpt) Read more at nypost.com ...
This POSSIBLY will have the unintended side effect of driving some drunk drivers out of the state of Texas. Or, maybe that was intentional? Kinda like how Florida’s new law clamping down on employment of illegal aliens is driving them out of Florida to blue states.
This is a really great idea and hopefully the law will accomplish the intent and goal. It should be national, with teeth to ensure collection, exempt from bankruptcy, and no lip service.
This seems like a good law.
Based upon my personal observation, I’d venture to guess that Texas has a fairly high number of drunk drivers. I always take uber, even if I plan to have only one beer. On more than one occasion, my uber driver seemed to be under the influence.
and in normal car accidents with no alcohol involved the kids are SoL...
something dont feel right on this one!!
“On more than one occasion, my uber driver seemed to be under the influence.”
I’d adopt Sgt Schulz’ line...
Good idea.
Usually a hefty insurance check ,just don’t blow it on unneede luxury items.
An idea that Heinlein proposed many decades ago.
My question is:
Will this keep violators out of prison and still on the roads?
I used to process restitution pmts from jurisdictions that “housed” violators. Mostly $15a month... paid annually.
This law doesn’t mean much.
Oh, did I mention some violators might not be able to go back to well paying jobs?
Nice thought, but problematic in practice.
The biggest car crashes that I can remember in my state where entire families were wiped out or there were major fatalities or injuries were by illegals.
They don’t care about the law - they don’t have to, They don’t need insurance and their vehicles are rarely impounded.
But should be dropped if the parent gets remarried or lives with someone in a common law marriage. A local drunk hit a man fixing a flat on his tire, well off the road, and killed him. The victim’s family is now minus a father and husband. The drunk is back on the streets like nothing ever happened, though I don’t see his vehicle at bars like i used to- not sure if he quit drinking or not. Another drunk hit a girl on a scooter in a school zone and killed her. He too is back on the road driving- again not sure if he quit drinking or not
The law sounds like it “might be” a good law, but what about parents who lose their child to drunk drivers? Or a brother who loses their brother or sister to a drunk? Or families who lose their grandparents to drunks? The punishment wouldn’t be as severe for the drunk in those cases?
The Laws against the employment of illegals has been on the books forever.
Enforcing has been lax.
THEY WON’T/CAN’T PAY!
It’s like fining a bum. They don’t got no money.
Let me think.... Pay a fine or buy booze? Hmmmmmm!
Fines are BULLSHIRT!
JAIL! Now that will help stop DUI. A chance to sober up, detox, get help, sober reflection.
Fully support this. DO NOT let drunk drivers / high drivers off the hook for the damage they cause, especially to families with children who lose a parent to an intoxicated driver!
This is not a fine, it is child support. Wages can be garnished, and if they fall behind or do not pay, they can go to jail or lose driver’s licenses, professional licenses, etc. They can be required to make payments to the county, and if they don’t pay, the county is responsible for enforcement. And child support is not discharged in bankruptcy, and any arrears don’t go away when the child turns 18.
I have sympathy for this law in theory, but in practice it punishes only drunks who are well off enough to pay the bills or are willing to follow society’s other rules.
I would be interested in data about who the convicted drunk drivers who killed others are...
From watching Cops and On Patrol Live it appears a majority of them will be folks “living on the edge” of society and “off the books”.
A more interesting approach would be to give the drunk the option of the payments or some equivalent prison time (by some formula). Then the indigent or “off the books” drunks would be kept off the road—not just by revoking their licenses—but physically removed from all roads.
States already have extensive systems in place to enforce child support.
Sometimes accidents are just that - accidents. That is what insurance is for. I would support a law like this to cover any death resulting from illegal activity (drag racing, reckless driving, etc.).
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