TN passes bill requiring drivers to pay child support in fatal DUI crashes
The newly passed Tennessee House Bill 1834 would require a driver convicted of vehicular homicide of a parent, while driving under the influence (DUI), to pay child support.
The newly passed Tennessee House Bill 1834 would require a driver convicted of vehicular homicide of a parent, while driving under the influence (DUI), to pay child support.
On Wednesday, the Tennessee Senate unanimously voted in favor of the legislation. Previously, the short title of the bill was “Bentley’s Law.” However, it was recently amended to add two additional names.
Gear Spotlight: Relevant to This Story
Ethan, and Hailey are the children of fallen Chattanooga police officer, Nicholas Galinger.
In 2019, the 38-year-old officer was killed by an intoxicated driver while investigating a call of possible flood damage to a sewage drainage. cover. In 2021, a judge sentenced the driver to 11 years in prison for vehicular homicide by intoxication, reckless driving and leaving the scene of a crash.
The “Ethan’s, Hailey’s, and Bentley’s Law” summary reads:
DUI Offenses – As introduced, requires a sentencing court to order a defendant who has been convicted of vehicular homicide or aggravated vehicular homicide due to intoxication and in which the victim of the offense was the parent of a minor child to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school. – Amends TCA Title 39; Title 40 and Title 55.
The bill also includes the following considerations:
- The financial needs and resources of the child;
- The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children’s services; and
- The standard of living to which the child is accustomed.
The bill also states defendants will have up to one year to begin payment after release from incarceration.
Bentley’s law
After a fatal accident, Cecelia Williams and her husband were left to care for their 5-year-old grandson Bentley. Cecelia was devastated after an intoxicated driver took her son, his fiance and their 4-month son. This lead Williams on a quest that has seen similar laws proposed in Missouri, Alabama, and Pennsylvania.