Missouri's 'Bentley's Law': DUI Child Support Mandate

Overview

Senate Bill 1135, also known as 'Bentley's Law,' is a proposed Missouri law that seeks to hold individuals convicted of driving under the influence (DUI) accountable for the financial support of children when their actions result in the death of the child's parent or guardian. The bill aims to provide a legal avenue for surviving parents or guardians to petition the court for child maintenance payments from the convicted DUI offender.

Key Provisions

• Child Maintenance Order: If a person is convicted of DUI, and that offense caused the death of a parent or guardian, the surviving parent or guardian can petition the court to receive child maintenance from the convicted person.

• Payment Terms: The court will determine the amount and duration of child maintenance payments.

• Incarceration Deferral: If the convicted person is imprisoned and unable to make payments, the obligation to pay, including any arrearage, begins up to one year after their release from incarceration.

• Civil Action Considerations: If the surviving parent or guardian brings a civil action against the convicted person before a child maintenance order is issued, no maintenance order will be granted. If a civil action is brought after a maintenance order, the maintenance order will offset the judgment.

Impact on Drivers

This legislation primarily affects individuals convicted of DUI offenses that result in the death of a parent or guardian. These individuals may be legally obligated to provide financial support to the deceased's child, in addition to the existing criminal penalties associated with DUI, such as imprisonment, fines, and license suspension. This act adds another layer of financial accountability for the consequences of their actions. Failure to comply with court-ordered child maintenance could result in further legal repercussions.

Current Law vs Proposed Changes

• Current: Existing DUI laws in Missouri address criminal penalties such as imprisonment, fines, and license suspension. Current laws do not specifically address financial support for children who lose a parent due to a DUI offense.

• Proposed: SB 1135 introduces a new legal mechanism for obtaining child maintenance payments from DUI offenders who cause a parent's death. This would create a direct financial obligation beyond existing criminal penalties.

What This Means For You

For Missouri drivers, especially those who consume alcohol or other intoxicating substances, this legislation underscores the severe consequences of driving under the influence. It serves as a stark reminder that your actions can have devastating and long-lasting impacts on families, potentially resulting in a legal obligation to financially support the children of a person killed due to your impaired driving. If you are facing DUI charges where a death occurred, seek legal counsel immediately to understand your rights and potential liabilities under this law.

Source: Official Missouri legislative records. Consult a licensed attorney for legal advice.