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Bentley’s Law advanced: Legislature to require restitution to minor survivors of impaired‑driving deaths
Summary
Bill 45‑38 (Bentley’s Law) would require persons convicted of vehicular homicide while impaired to pay restitution to surviving minor children; sponsors added drafting corrections and enforcement clarifications and advanced the measure to third reading after floor amendments.
The Legislature advanced Bill 45‑38, known as Bentley’s Law, intended to require those convicted of vehicular homicide while impaired to pay restitution to surviving minor children of the victim.
The bill’s sponsor said the measure is designed to ensure financial support for children who lose a parent to an impaired‑driving death. Supporters described the proposal as focused on accountability rather than vengeance: child support‑style restitution would be ordered by the criminal court and payment plans required, with language added on the floor to address enforcement when a defendant is incarcerated and to clarify interaction with civil suits.
Floor amendments corrected chapter numbering and refined definitions. An amendment clarified that a “child” for purposes of restitution includes biological children, stepchildren and foster children for whom the surviving parent, guardian or child protection services has legal custody. Another amendment added arrangements for payment if the defendant is incarcerated (payment plans; continuing payments until obligation is satisfied) and clarified that civil‑action judgments would offset restitution ordered under the chapter.
Several senators urged additional stakeholder review; the oversight chair said committee testimony had been limited and expressed concern about implementation details, enforcement and whether the Attorney General’s Office has administrative tools similar to child support enforcement. The sponsor said he would introduce enabling measures, but the floor recorded that amendments proposed by colleagues were accepted and the bill was moved to third reading after a recorded objection to the motion but a subsequent voice/hand vote in favor.
The floor record includes statutory references, sentencing ranges and fines discussed during debate: the sponsor referenced existing penalties for vehicular homicide while impaired and urged the chamber to adopt restitution as a complement to criminal punishment.
