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Senate committee carries over bill that would add child-support penalty for DUI killings
Summary
A Senate committee carried over SB167 after senators debated an amendment meant to preserve civil remedies and raised concerns about fairness, enforcement and unintended consequences for defendants and their families.
A Senate committee carried over SB167 on a proposal that would allow courts to require people convicted of DUI-related killings to pay child support for the victim's minor children.
Senator Orr, who introduced the measure, said the proposal mirrors a Texas law and would make child-support obligations part of the criminal penalty when a DUI causes a death. "This bill is out of Texas. Texas passed this and said if you are in a DUI and you kill somebody who has small children, that is part of the criminal sanction, you can be required to pay child support," Senator Orr said.
Supporters and several senators pressed for an amendment clarifying that criminally-ordered child support would not bar civil claims by the victims' families. Senator Orr said an amendment was prepared to make clear the criminal penalty "would not be to the exclusion of any civil action that may be brought against the drunk driver." The sponsor later removed his motion to adopt the amendment and moved to carry the bill over for further work.
Senators voiced a range of concerns during the discussion. Senator Smitherman asked whether other benefits would offset any criminally-ordered child support, noting the military sometimes applies offsets for survivor benefits. "Will any other benefits as a result of what happened to that parent ... be considered as offsets to what you're saying?" Smitherman asked. Senator Orr replied he would review how Texas handles offsets and could address it in amendment language.
Other senators warned the bill could have broad incidental consequences. Senator Spetterman said criminal contempt and incarceration for unpaid child support could result: "If you don't pay that child support ... they gonna go straight to jail." Senator Albritton and Senator Coleman Madison raised equity concerns, asking how the measure would treat defendants who already support other families or who lack ability to pay.
Senators also discussed the intended duration of support. One senator asked, "if it passes, then they will be responsible for child support ... till the child gets 19?" The sponsor confirmed the measure envisions support until majority (as currently drafted).
The committee agreed to carry SB167 over so sponsors can revise language on offsets, intent and interaction with wrongful-death civil remedies. No committee vote on the bill was recorded at the hearing.
The discussion reflected a mix of policy intent — providing financial relief for children who lose a parent — and implementation concerns about fairness, enforcement and overlap with civil remedies. The sponsor said he would work with colleagues and submit amendment language before the bill reaches the floor.
