Tennessee Bill Requires Drunk Drivers Who Kill Parents of a Minor to Pay Child Support
Source: NBC4 Los Angeles
A Tennessee bill requiring a drunk driver to pay child support if they kill a parent during a crash passed unanimously in the states Senate.
Tennessee lawmakers passed House Bill 1834 on Wednesday, and is now headed to Gov. Bill Lees desk for his expected signature, according to News Channel 3 in Memphis, Tennessee.
The legislation would force anyone convicted of vehicular homicide due to intoxication or aggravated vehicular homicide to pay restitution if the victim is the parent of a minor child.
The bill was known as "Bentley's Law" after a child in Missouri whose parents were killed in an accident involving a drunk driver.
Read more: https://www.nbclosangeles.com/news/national-international/tennessee-bill-requires-drunk-drivers-to-pay-child-support-if-they-kill-parents/2875800/?_osource=SocialFlowFB_LABrand&fbclid=IwAR0Fks_tKPwinlyWZ2hOhS1jP1XTIoQcusxABQdH85IzccqoB63kDKqZXoM
I don't have a problem with this.
Response to ripcord (Original post)
jfz9580m This message was self-deleted by its author.
Lunabell
(6,082 posts)Uber, Lyft, tipsy taxi, designated drivers!
Farmer-Rick
(10,175 posts)I mean there are practically no alternatives but to drive home yourself. But a cheap motel may do the trick.
I looked up Uber to take me to town, 12 miles about a 20 minute drive was $65 one way. Yeah, a hotel would be better.
But yeah, holding people who kill while drunk driving accountable is a good idea. So maybe the Waltons who own Walmart should be held to the same standards?
bucolic_frolic
(43,173 posts)and then a mandated coverage when drunken scofflaws prove too low-life poor to pay
Gimme more bills. Use government to eliminate risk as long as you pay and pay.
oldsoftie
(12,548 posts)Emile
(22,771 posts)modrepub
(3,495 posts)The drunk driver will not have the resources to pay. Vehicular homicide will put them in jail for a long time and drain any resources they have paying for court expenses.
A feel good statement, but not practically usable. The state/federal government will more likely be holding the bag paying for child support in this situation.
That said, go ahead try it out but at least put a time limit on it. If it truly works it can be renewed.
Roy Rolling
(6,917 posts)Be careful, its nice to think theres 18 years of justice the government will impose on a drunk driver. Highly satisfying
but totally impractical and not legislation created with a states justice department in mind who must enforce the 20 years of rules.
Messaging doesnt belong in justice. Justice is real, that is the message. The reason some people are lawbreakers is because laws are administered arbitrarily and corruptly. Bad laws created by corrupt politicians.
Thats a message Republicans will not understand.
sop
(10,190 posts)The more intractable the problem, the more voters prefer theater, performance and outrage.
TeamProg
(6,135 posts)There are plenty of rich people, home owners, business owners, etc. out there drunk driving, too.
Drunk drivers, like a lot of characters, exist in every cross-section of society.
If the convicted driver cannot pay, we can deal. If they have money, make them pay.
ModRepub (ah geeez, again?) wrote::
"""The drunk driver will not have the resources to pay. Vehicular homicide will put them in jail for a long time and drain any resources they have paying for court expenses.
A feel good statement, but not practically usable. The state/federal government will more likely be holding the bag paying for child support in this situation.
That said, go ahead try it out but at least put a time limit on it. If it truly works it can be renewed."""
modrepub
(3,495 posts)There are a lot more folks with DUI convictions than most people realize. It's become quite a money maker for local and state coffers. And it's an automatic at fault if you're in an accident. Doesn't matter if you are stopped at a red light drunk and someone runs into you and puts you in a hospital. You are at fault because you're in the vehicle at DUI levels, which are now much lower in most states than they were 20 years ago. And that's for alcohol; if it's pot or something else any level in your blood will put you over.
Any run of the mill DUI is going to run you $12k easy. Homicide, sh-t if I know? I would guess it ain't cheap.
So what's the average joe/jane running around making in your mind? In my county MEDIAN income is around $60k/yr. So an average DUI would eat up 1/5th your yearly income. Homicide is going to cost you much more and you're working career is probably over if you're a professional. Don't know how you're going to pay "child support" wile you're in jail or afterwards when you get out (support will end when the person turns 18).
And for most DUI cases, the folks charged are on the low end of the income spectrum. Rich folks can thwart the system and they do all the time. Who's that representative from NC who's been caught driving with a suspended license multiple times? Do you think he's going to go to jail? Pa-leeeze...
TeamProg
(6,135 posts)constantly pay the bill for child support when their parents are killed by drunk drivers or gun violence?
To suggest that the payments won't come from the convicted who have money is a very cynical and defeatist way to look at the law.
Now, I think we can agree and facts back it up, that gun violence does seem endemic among the poor, but DUI, not so much.
twodogsbarking
(9,754 posts)Mysterian
(4,587 posts)who got misdemeanors for hit and run drunk driving with the deceased victim IN HIS WINDSHIELD and the victim's glasses recovered from the vehicle.
Farmer-Rick
(10,175 posts)See money can make it easier for you to kill people while drunk. And lots of money makes it even easier.
LenaBaby61
(6,974 posts)sinkingfeeling
(51,457 posts)Delmette2.0
(4,165 posts)sop
(10,190 posts)Dial H For Hero
(2,971 posts)LiberalFighter
(50,940 posts)What if the child only had one parent when it happened?
Did they include that the person paying child support does not have visitation rights?
twodogsbarking
(9,754 posts)TeamProg
(6,135 posts)twodogsbarking
(9,754 posts)RobinA
(9,893 posts)social problems with a law. It just doesn't work. If you manage to fix one problem you end up with two others as a result of the fix.
twodogsbarking
(9,754 posts)Marthe48
(16,963 posts)I commented, wondering if there would be a law that if someone shot and killed someone with dependent children, would the shooter become financially responsible for the dependent children?
There are 89 responses, only one negative.
One person commented that the state of tn. doesn't want to shell out money to support the victims and is putting the financial responsibility on the drunk driver. I agree there should be restitution, but the comment shines a different light on the state's motivation.
And if someone is responsibile for wrongful death from one kind of bad choice, why can't gun murders by non-police have the same kind of law?
70sEraVet
(3,503 posts)Something to do with the Government taking your guns.
haele
(12,659 posts)Because that's how the NRA lobbyists will spin a similar to protect their trigger happy cult followers. They rush to protect Racists and Misogynists every time there's an effort to protect the less powerful from gun violence.
Shoot a non-white male, you're shooting a criminal or some other sub-human, even if it was "your woman" you shot. The gun cult default position, crudely put, is that one shouldn't have to pay child support to the brats of criminals or whores who deserved shooting.
I've met enough gun cultists in my long life -not just gun owners, but actual fetishists/cultists - that I have heard sentiments like that too many times to count. They truly believe that anyone who is not totally supportive of their rights to have and use firearms as they see fit deserves to be killed -if not by them, but by some random thug/rapist that they precieve are roaming city streets with impunity.
On edit -sorry for the thread hijack.
As for the vehicular homicide proposal - I actually agree that should be part of the sentencing - with a caveat. The support be awarded like a divorce settlement - even if the impaired driver gets off on a more minor charge, that is like a "no fault" divorce. So that the wealthy can't just poke holes and blame other contributing factors when their driving kills someone. Support should also be means tested, just as any other Child Support award is.
Haele
SKKY
(11,810 posts)Buckeyeblue
(5,499 posts)So I guess if you can seize assets for child support that would be fine. I think if there are no assets to seize maybe the auto insurance should have to cover.
But I think this should be in place for all crimes where a parent of a child is killed.
Initech
(100,079 posts)C Moon
(12,213 posts)as well as white Republican politicians.
LastLiberal in PalmSprings
(12,586 posts)until the child is 18 years old. That includes prenatal care.
In addition to their financial responsibility, rapists and men who are related in any way to the victim will be designated "sexual predators," and they will be subject to the laws pertaining to these crimes, including but not limited to being listed in a public database available to prospective employers and neighbors.
A woman cannot give her consent to have sex before her 18th birthday, unless she and the father are married. No exceptions.
If the father is unable to meet his financial obligations, he will be imprisoned until the child is born and reaches their 18th year, and the State will pay for the costs of bearing and raising the child.
The State will pay for non-religious psychological counseling related to the woman's being forced to bear a child conceived through rape or incest.
Politicians and clergy who have advocated for a total ban on abortion will be required to tithe to a fund to pay for the expenses related to their decision. No exceptions. No choice.
Sgent
(5,857 posts)100% of the insurance policy before the law, and 100% after the law, I don't see much change. It will increase the kids priority over other potential claimants like a spouse or parents in a wrongful death situation, but its not going to magically create a money tree.
An actual useful law would have been to increase the minimum liability limits in TN, which are 25,000 per person.