Under this bill, if a defendant is convicted of vehicular homicide due to intoxication or aggravated vehicular homicide and the victim of the offense was the parent of a minor child, then the sentencing court must order the defendant to pay restitution in the form of child maintenance to each of the victim's children until each child reaches 18 years of age and has graduated from high school, or the class of which the child is a member when the child reached 18 years of age has graduated.
This bill requires the court to determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors, including, but not limited to:
(1) The financial needs and resources of the child;
(2) The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children's services; and
(3) The standard of living to which the child is accustomed.
If a defendant who is ordered to pay child maintenance pursuant to this bill is incarcerated and unable to pay the required maintenance, then the defendant will have up to one year after release from incarceration to begin payment. If a defendant's child maintenance payments are set to terminate but the defendant's obligation is not paid in full, the payments will continue until paid in full.
This bill requires that no child maintenance be ordered if the surviving parent or guardian brings a civil suit and obtains a judgment prior to the sentencing court ordering child maintenance payments. If the surviving parent or guardian brings a civil suit and obtains a judgment after child maintenance payments have been ordered, then the child maintenance order will be offset by the amount of the judgment awarded in the civil action.
ON FEBRUARY 28, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1834, AS AMENDED.
AMENDMENT #1 increases, from 3 to 10 working days after receipt, the time within which the clerk must remit payments to the surviving parent or guardian under this bill.
ON APRIL 20, 2022, THE SENATE SUBSTITUTED HOUSE BILL 1834 FOR SENATE BILL 2103, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1834, AS AMENDED.
AMENDMENT #2 incorporates the provisions of House Amendment #1 and changes the short title of this bill from "Bentley's Law" to "Ethan's, Hailey's, and Bentley's Law".