The Tennessee House unanimously passed a new drunk driving bill on February 28th. Bill HB1834 states that if a parent is killed in a drunk driving accident, the impaired driver will then have to pay child support for the child left behind. The bill is pushing forward the zero-tolerance notion in Tennessee against drunk driving.
New Tennessee Bill Requires Requires Impaired Drivers To Pay Child Support
Tennessee politicians and decision-makers recently passed a new bill in the state. The bill is formally known as bill HB1834. Its common name, however, is Bentley’s Law. This is because it is named after a five-year-old little boy named Bentley who lost his parents in a drunk driving accident. (1)
The bill targets drunk drivers. If they cause an accident that kills one or both of a child’s parents, they must pay child support until that child turns 18.
Bentley’s Law
Bentley’s grandmother Cecilia Williams was the person who put the bill in motion. She did so after a tragic accident that took the life of her grandson’s parents. On April 13, 2021, a drunk driver killed William’s 30-year-old son, Bentley’s father, as well as her 25-year-old daughter-in-law and their four-month-old son. The couple left behind Bentley and Bentley’s sister Lacey.
“They didn’t ask for that. They didn’t ask to lose their parents,” said Williams. “They will always remember, this is what I did to the family, you know, and it will sink into them. I can’t do this again. You know, I’m supporting children that aren’t mine,” (2)
She decided to name it after Bentley because he is the oldest child.
Unanimous Support
The House voted unanimously to pass the bill. Of course, it will not be an easy bill for anyone. Chattanooga attorney Jay Kennamer says that actually getting the money paid will be the most challenging part.
“Collectability is a very real problem, and predominately the ones that cause the vehicular homicides, most of them don’t have the means to pay the damages they cause,” he said. “If you go out and drive drunk and kill someone in a wreck as a result of the intoxication, it’s a foreseeable damage, that you’ve not only affected them, you’ve affected their whole family,”
If the defendant is incarcerated and is unable to pay, they will be given one year upon their release to begin payments. The bill also states that if the child reaches 18 and hasn’t been paid in full, the person will have to continue to make payments until they have been paid in full. The bill states that the child support the person will have to pay will be determined by the court. Factors that will be considered will be (3):
- The financial needs and resources of the child
- The financial resources and needs of the surviving parent or guardian. This includes the state if the child is in custody of the child services department.
- That the amount maintains the standard of living to which the child is accustomed to living.
The bill also includes death due to aggravated vehicular assault.
Their Loss Is Helping Others
Williams says that naturally, no amount of money can make up for the loss of life. You can’t put a price on a child growing up without one or both of their parents. She is happy, however, that at least in Tennessee, there will now be something in place to protect and help those children. As she said, it was not their fault. They did not ask to lose one or both of their parents. Money can’t make up for that. (4)
Williams is happy, however, that the loss of her son, daughter-in-law, and grandchild is not completely in vain. She says that she is glad that in their death, they are helping others in the future who may have the same unfortunate circumstances.
Keep Reading: ‘His ex just died in a car accident – but I don’t want to raise their kids’
Sources
- “Law requiring drunk drivers to pay child support if parent is killed passes in Tennessee.” Fox 17 Jordan Whittington. March 1, 2022
- “TENNESSEE LAW PASSES: DRUNK DRIVERS TO PAY CHILD SUPPORT IF PARENT KILLED.” The Black Wall St Times. Mike Creef. March 2, 2022.
- Wapp
- “‘Sends a message:’ New bill requires drunk drivers who kill parents to pay child support.” News Channel 9. Bryanna Idzior. March 1, 2022.