Introduction

The Texas legislature recently implemented a groundbreaking law known as HB 393, colloquially referred to as “Bentley’s Law.” This law went into effect on January 1, 2024 and mandates that individuals responsible for a parent’s death in a DWI crash must pay child support to the surviving children.

History of HB 393

The new Texas law was inspired by the case of a Missouri woman named Cecilia Williams. Mrs. Williams advocated for a similar DWI-related child support law after losing her son and daughter-in-law to a drunk driver. The couple left behind William’s grandson, Bentley, who now had no means of financial support as a result of his parents’ deaths. Williams thought that it was only fair that the person who made Bentley an orphan should be forced to pay him child support. Williams successfully lobbied the Missouri Legislature to enact a law after this tragic event.

Motivated by Williams’ advocacy, the Texas Legislature passed a similar law during the 2023 session.

Eligibility for Child Support under HB 393

Defendants convicted of Intoxication Manslaughter are obligated to provide restitution for the children left without a parent or guardian due to the offense. The court determines a reasonable monthly payment until the child reaches 18 or graduates from high school.

Factors Considered for Child Support Payments

The court considers various factors when establishing monthly payments, including:

  • the child’s financial needs,
  • surviving parent’s resources,
  • standard of living,
  • child’s physical and emotional condition,
  • custody arrangements,
  • work-related childcare expenses, and
  • the defendant’s financial resources.

Payment Methods for Defendants

Defendants can make Payments to:

  • the surviving parent/guardian,
  • the court,
  • Texas Department of Family Protective Services, or
  • the Community Supervision and Corrections Department.

Child Support Payment for Incarcerated Defendants

If the defendant is in prison, child support payments commence one year after release. Defendants must reimburse any payments that they missed while incarcerated. The court may allow the defendant to enter a payment plan to address the payments he missed while in prison.

Criticism of the Law

Critics highlight a significant flaw in the law – the lack of provisions for defendants struggling to find employment post-incarceration. This may lead to an inability to pay child support. The court may order the defendant to go back to prison if he cannot make the required payments. Critics argue against re-imprisonment, suggesting it is costly and counterproductive.

Conclusion

HB 393 expands the financial penalties for Intoxication Manslaughter convictions. The law aims to deter drunk driving and provide compensation to the families of DWI victims. Despite criticisms, time will reveal the impact of Bentley’s Law on reducing fatal DWI accidents.

If facing allegations of Intoxication Manslaughter, contact Carter Criminal Defense for immediate assistance.