SB 235 - This act establishes "Bentley's Law". Under this act, if a person is convicted of the offense of driving while intoxicated, such offense caused the death of a parent or guardian, and a surviving parent or guardian files a petition to receive child maintenance from the convicted person, such person shall pay, pursuant to a court order, child maintenance to the child of the deceased parent or guardian in an amount and duration as specified in the act.

If the person ordered to pay child maintenance is unable to make maintenance because such person is imprisoned or otherwise confined, then the person shall have up to one year after release from incarceration to begin payment, including any arrearage.

If the surviving parent or guardian brings a civil action and obtains a judgment against the convicted person prior to any child maintenance order under this section, no maintenance shall be ordered. If the surviving parent or guardian brings a civil action after maintenance is ordered, the maintenance order shall offset the judgement.

This act is identical HB 1958 (2024) and similar to SB 1375 (2024), a provision in SCS/HCS/HB 2700 (2024), HCS/SS#2/SB 862 (2024), and HB 1954 (2022).

SARAH HASKINS

Statutes affected:
Introduced (1311S.01): 454.1050