The proposed bill, known as "Bentley's Law," aims to provide restitution for the surviving dependent child of a homicide victim when the defendant was driving or boating while intoxicated at the time of the offense. The bill introduces a new section to the Arkansas Code that defines "dependent child" and "homicide victim," and establishes the conditions under which a defendant convicted of a homicide offense must pay restitution. Specifically, it mandates that if a defendant is found guilty of such an offense and it is proven that they were intoxicated during the act, they must pay restitution to the dependent child of the victim. The bill outlines the process for determining the amount of restitution, which will be based on the Family Support Chart, and includes provisions for modifying the restitution order based on changes in the defendant's circumstances.
Additionally, the bill stipulates that restitution payments will be collected by a designated county official and remitted to the dependent child's surviving parent or guardian. It also addresses scenarios where a civil action is brought against the defendant, stating that if a judgment for damages is obtained, the restitution order will be offset by that amount. The bill includes provisions for the continuation of restitution payments if the defendant is incarcerated and unable to pay, as well as protections against criminal prosecution for arrearages unless the court finds the defendant has the ability to pay. Overall, Bentley's Law seeks to ensure that dependent children of homicide victims receive financial support when the crime is linked to the defendant's intoxication.