TN: Ethan's, Hailey's and Bentley's Law-DUI, Kill a Parent, Pay Child Support

1,318 Views | 16 Replies | Last: 3 yr ago by TxTarpon
TxTarpon
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This is growing trend.
TN Is the latest state to sign this into law.
Cliff Notes: Kill a parent during a DUI/DWI event, you pay their children until they are 18. MO goes up to 21 under special circumstances.

[url=https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB1834&GA=112][/url]
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[url=https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB1834&GA=112]Yes, a Tennessee bill would require drunk drivers to pay child support if they kill a parent

Tennessee House Bill 1834[/url], named "Ethan's, Hailey's, and Bentley's Law" to include two surviving children of a police officer who was killed by a hit-and-run drunk driver, was introduced in January 2022 by its main sponsor, Rep. Mark Hall (R-Cleveland). The bill requires a defendant who is convicted of "vehicular homicide due to intoxication or aggravated vehicle homicide" to pay restitution in the form of "child maintenance" to each of the victim's children until they are 18 years old and have graduated from high school.


[url=https://house.mo.gov/Bill.aspx?bill=HB1954&year=2022&code=R][/url]
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Missouri House Bill 1954 would require the drunk driver to pay child support to a child or children's surviving parent or guardian until they turn 18. If the child is 18 and enrolls in college, the payments would occur until they reach the age of 21 or complete their degree whichever comes first.


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'He Had a Wife, Children': Family of Man Killed In DUI Crash Reacts to Tennessee's Stricter DUI Law Tied to Child Support Payments
Williams' advocacy has led to several states across the country creating their own form of DUI laws that could bring child support payments to victims' families. Williams says some of the other states considering similar laws include Missouri, Alabama, Louisiana, Illinois, Virginia, Oklahoma, Colorado, and Pennsylvania.

"We do have 17 states with a lot of them closing their sessions now, we won't hear anything back from them until the beginning of next year," Williams said.


Will Texas be next?
Ag06Law
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I'm sure the California version of this law will somehow exclude illegal immigrant drunk drivers.
bonfarr
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Are the trial lawyers fighting this bill? Insurance companies probably love this but if child support is mandated does that reduce potential settlements from any lawsuits?
Disclaimer: Views expressed in this post reflect the opinions of Texags user bonfarr and are not to be accepted as facts or to be accepted at face value.
TxTarpon
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Yep, and wealthy Chinese.
TxTarpon
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Quote:

Are the trial lawyers fighting this bill?
Why would they?
This is independent of any civil settlement.
Quote:

Insurance companies probably love this but if child support is mandated does that reduce potential settlements from any lawsuits?
This is independent of all that.

I know some years back we had a poster that said he did not like the post DWI litigation practice.
No one says you have to pursue it.
This is America, people hate it when you kill their frailly member and taking their money is an acceptable pursuit.
rgag12
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Ag06Law said:

I'm sure the California version of this law will somehow exclude illegal immigrant drunk drivers.


California will probably make the surviving children use their inherited estate to pay for the drunk driver's counseling.
Fightin_Aggie
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Ag06Law said:

I'm sure the California version of this law will somehow exclude illegal immigrant drunk drivers.
Doesn't matter. Can't get blood from a turnip
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MookieBlaylock
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This is a terrible law
Ag06Law
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Fightin_Aggie said:

Ag06Law said:

I'm sure the California version of this law will somehow exclude illegal immigrant drunk drivers.
Doesn't matter. Can't get blood from a turnip
Which is part of the problem with this law in the first place. If a drunk driver kills an innocent motorist, that's intoxication manslaughter, and the driver is going to the clink for awhile, meaning he (or she) has no means of generating income (other than making license plates for $.32 an hour) to pay off their new statutory child support obligation.
ABATTBQ11
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MookieBlaylock said:

This is a terrible law



Why? Child support is much different than a judgement from a civil court. You can't discharge it, and it can be taken from you through garnishment. You can dodge a judgement from civil court until the other party gives up and stops filing the paperwork necessary to keep to renew it. Ask anyone who has had a fly by night contractor walk out with their money halfway through a job. You can't take their vehicle. You can't take their stuff. You can't take their house. It's next to impossible to get anything from them.

You can talk about insurance, but what if that drunk isn't insured? You're stuck dealing with them personally. If they are insured, they're probably not insured well enough to make a family whole if they kill one of the parents. Sticking them with child support forces compensation from them that insurance may not pay for.

On top of that, a civil suit requires a lawyer, who is going to want to get paid. Much of whatever is recovered from the insurance agency, if there is one, is going to the lawyer.
ABATTBQ11
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It gives victim's another avenue to collect on their assets of they don't pay. In Texas, the AG's office will file the liens necessary to seize assets. Victim's would not be forced to do this themselves or hire a attorney.

And not every drunk driver is a hobo with nothing. Even is they're not making wages in prison, they still have to pay their specified child support. It doesn't matter if it comes from wages, 401k withdrawals, savings, investment accounts, or property sales.
fasthorse05
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I'm not sure what to think about his yet, but I wonder if "DUI/DWI" includes THC in the system?

I'm asking because it's so much more difficult to detect during a traffic stop, and what is the "normal" legal limit for THC to be considered impaired. I suspect THC impaired drivers are growing rapidly in comparison to alcohol.
TxTarpon
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When they get out they will have a bill to pay.
TxTarpon
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Quote:

You can't discharge it, and it can be taken from you through garnishment.
Yep, this right here.
Quote:

You can dodge a judgement from civil court until the other party gives up and stops filing the paperwork necessary to keep to renew it. Ask anyone who has had a fly by night contractor walk out with their money halfway through a job. You can't take their vehicle. You can't take their stuff. You can't take their house. It's next to impossible to get anything from them.
Yep.
See also Orenthal J SImpson
TxTarpon
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Great question that will vary by state.
aggiegolfer03
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So in how many incidents that would be subject to this law does the perp actually continue to be an upstanding member of society and actually make enough to support themselves and afford the child support during the period in question?
TxTarpon
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50/50?

The wealthy know how to shield assets.
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