Bentley’s Law is a type of legislation in the United States that requires convicted drunk drivers to pay child support if they kill a parent or guardian in a crash. The law's primary goal is to ensure financial stability for surviving minor children by holding the offender accountable for the long-term impact of their actions. [1, 2, 3]
Key Features of Bentley's Law
- Mandatory Restitution: Courts order the defendant to pay child support (maintenance) to the child's surviving parent or guardian.
- Payment Duration: Support typically continues until the child turns 18 years old or graduates from high school.
- Determination of Amount: A judge determines the payment amount based on the child's financial needs, the resources of the surviving guardian, and the child's previous standard of living.
- Incarcerated Offenders: If the offender is in prison, they are usually given one year after their release to begin making payments under a court-approved plan. [4, 5, 6, 7, 8]
Origin and Adoption
- Namesake: The law is named after Bentley Williams, a young boy who lost his parents and a sibling in a 2021 drunk driving accident in Missouri. His grandmother, Cecilia Williams, became the driving force behind the legislation.
- State Enactments: While it originated as a proposal in Missouri, versions of the law have been passed in several states, including:
- Tennessee: The first state to enact the law in 2022.
- Texas: Passed House Bill 393 in 2023, requiring mandatory restitution for victims of intoxication manslaughter.
- Others: Variations have been introduced or passed in states like Kentucky, Hawaii, Maine, and others. [1, 4, 6, 7, 9]
References:
C&P
31 March 2026: 1.45 p.m
