No matter where you drive in the U.S., if you’re responsible for a crash in which someone dies, you can face very serious criminal consequences. Here in Texas, if that person is the parent or guardian of a minor child, you can also be financially responsible for helping support them until they become an adult.
In 2023, Texas enacted “Bentley’s Law.” The law directs judges to order anyone convicted of intoxication manslaughter to pay this restitution in addition to any other criminal consequences (including a potential 20-year prison term) they’re facing.
How is the amount of restitution determined?
Each case is unique, but judges are responsible for determining the appropriate amount of restitution based on factors including:
- The surviving parent or court-appointed legal guardian’s financial needs and resources
- The child’s educational, medical (including psychological) and other needs, including child care expenses
- The child’s standard of living prior to the fatal incident
The defendant’s financial resources are also to be considered in determining the amount of restitution.
What if a person can’t pay because they’re in prison?
Since the person responsible for the restitution could be spending up to two decades behind bars with little or no real income, the law gives them a year after their release to begin paying. It’s important to note, however, that even if the child is no longer eligible for restitution by this time, they are still owed the amount of restitution that was set.
The law states that the defendant has to “pay all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined or imprisoned in the correctional facility.” Restitution typically must be paid until the child is 18 or graduates from high school, whichever is last.
There could still be civil liability
This restitution might not be the full extent of the money due to surviving family, since it is intended only as child support. The family can still sue the defendant for other damages. However, the law does prevent “double dipping” by requiring that the “amount of restitution paid under this article be deducted from any civil judgment against the defendant….”
Anyone who is facing an intoxication manslaughter charge needs to understand all of the potential consequences to their life and their future. That’s why it’s crucial to get experienced legal guidance as early as possible.
