SPONSOR: Williams
This bill establishes "Bentley and Mason's Law". Under this bill, if a person is convicted of the offense of driving while intoxicated and such offense caused the death of a parent or guardian, and the surviving parent or guardian files a petition to receive child maintenance from the convicted person, such person must 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 bill.
If the person ordered to pay child maintenance is unable to make maintenance because such person is imprisoned or otherwise confined, then the person will 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 will be ordered. If the surviving parent or guardian brings a civil action after maintenance is ordered, the maintenance order must offset the judgment. The maintenance order can be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.
This bill is similar to SB 235 (2025).
Statutes affected: