HB1131
To Provide For Restitution For A Homicide Victim's Surviving Dependent Child When The Defendant Was Driving Or Boating While Intoxicated At The Time Of The Homicide; And To Establish Bentley's Law.
Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment
Sponsors
AI-Generated Summary
House Bill 1131, known as 'Bentley's Law,' requires courts to order defendants convicted of homicide to pay restitution to the surviving dependent children of their victims if the defendant was driving or boating while intoxicated at the time of the offense. The bill establishes that restitution amounts should generally align with the state’s Family Support Chart, though courts retain discretion to find these amounts unjust or inappropriate. Restitution payments are to be collected by county officials and remitted to the child's surviving parent or guardian. The bill provides mechanisms for the modification of these orders based on changes in a defendant's income and addresses payment schedules for incarcerated defendants. Restitution orders under this act are terminated if the child is no longer a dependent, if the child dies, or if a separate civil judgment for monetary damages is obtained. The act also ensures that defendants cannot be criminally prosecuted for arrearages unless a court finds they have the specific ability to pay.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are the surviving dependent children of homicide victims whose deaths were caused by individuals driving or boating while intoxicated. By mandating financial support from the convicted offender, the bill provides a source of economic assistance to these children and their surviving parents or guardians, potentially offsetting the loss of financial support caused by the victim's death.
Who Might Suffer?
The primary group negatively impacted are individuals convicted of homicide offenses involving driving or boating while intoxicated, who will face mandated, long-term financial obligations. Additionally, the administrative burden on county judicial and fiscal departments may increase due to the requirement to collect and remit these specific restitution payments to surviving families.
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