New Texas Law: Drunk Drivers Financially Responsible for Children Whose Parents Are Killed

Texas Department of Public Safety Troopers look over the scene of a fatal car wreck, half of a mile north of State Highway 115 on Farm-to-Market Road 1788 in Andrews County, Texas, early on March 16, 2022. (Eli Hartman/Odessa American via AP)

Gov. Greg Abbott signed a bill into law that will require drunk drivers who kill a parent to pay child support.

Earlier this month, Abbott signed House Bill 393 requiring drunk drivers convicted of intoxicated manslaughter to make restitution payments for the support of a child under 18 whose parent or guardian was killed in a drunk driving crash (pdf).

In 2022, someone was killed by a drunk driver every seven hours and 32 minutes in Texas, according to the Texas Department of Transportation (TxDOT).

“MADD supports Bentley’s Law because it holds drunk driving offenders accountable for robbing children of a future with their parents. The sad reality is that every child in Texas is at risk of losing a parent because no one is safe from impaired driving,” said MADD National President Tess Rowland in a statement to The Epoch Times. “MADD thanks Texas legislators and Governor Abbott for Bentley’s Law, which provides a sense of justice to victims and survivors of someone else’s dangerous and preventable choice to drive impaired.”

Republican Rep. Craig Goldman sponsored the bill, also known as “Bentley’s Law,” that passed in the House, 142-0, with one present and not voting.  The Senate unanimously approved the bill in a vote of 31-0.

The mandatory monthly payments will be made until the child turns 18 or graduates from high school, whichever comes later, the bill states. The law will take effect on Sept. 1.

Gov. Gregg Abbott’s office did not respond to The Epoch Times’ request for comment.

How Much Will Be Paid to the Child?

The court will determine the amount to be paid to the victim as it deems reasonable and necessary to support the child.

A number of factors will be considered in determining the amount of restitution payments, including the financial needs and resources of the child.

When applicable, the court will also consider the needs and resources of the surviving parent or guardian or the financial resources of the state for children who are under the guardianship of the Department of Family and Protective Services.

The court will also look at the standard of living to which the child is accustomed, as well as the child’s physical, emotional, and educational needs. If a surviving parent has work-related childcare expenses, that will also play a role in determining the payments.

The restitution will be deducted from any civil judgment against the drunk driver. The order is also enforceable by the Texas attorney general, similar to child support payments by a non-custodial parent.

If the drunk driver cannot make payments because they are in prison, they will be required to begin making payments no later than one year after they are released.

Why Is the Bill Named Bentley’s Law?

Bentley’s Law is named for Cecilia Williams’ grandson, Bentley, whose parents, Lacey Newton and Cordell Williams, and their four-month-old son were killed by a drunk driver on April 13, 2021.

That morning, Williams was sleeping when she received a knock on her door that changed her life forever.

“I got up out of bed to an officer and a state trooper standing at my door,” Williams told KSDK-TV in an interview in August 2022.

They told her that her son, daughter-in-law, and grandson were killed in a drunk-driving crash on a highway in Jefferson County, Missouri.

“They repeatedly told me that they had died in a fiery crash,” she said.

It was then that she decided things needed to change. Williams began working with legislators to create Bentley’s law.

“Bentley’s Law was created out of a tragedy that has affected the lives of two beautiful boys, Bentley and Mason, and the lives of our family. These crashes are totally preventable, and I will continue to fight for change for all who have suffered from impaired drivers. Many families like mine suffer such a loss every second of every day, and Bentley’s Law will bring change to hold the offender accountable for such horrific actions,” Williams said in a statement on the MADD website.

Similar Legislation in Other States

Tennessee was the first state to pass Bentley’s law, renamed Ethan’s, Hailey’s, and Bentley’s law. It was signed into law by Gov. Bill Lee in late May 2022.

Kentucky Gov. Andy Beshear signed Melanie’s Law on June 13.  The law will hold intoxicated drivers financially responsible for the children of victims who are killed or disabled, WSAZ-TV reported.

A similar bill in Maine and another in Louisiana, which was renamed Cody’s Law, passed this legislative session. Both bills are awaiting the governor’s signatures.

Drunk Drivers in Texas

Texas is among the worst states in the nation for drunk driving.

Texas ranked third as the worst state for the highest rate of drunk drivers, according to a Forbes analysis in late 2022. Montana is the worst state, followed by Wyoming.

The analysis found that Texas has the most underage drunk drivers involved in fatal crashes at approximately 1 per 100,000 residents. More than 8 drunk drivers per 100,000 were involved in fatal crashes, the second-highest number behind Montana, the report showed.

And nearly 40 percent of all traffic fatalities in the Lone Star State were caused by drunk drivers.