Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
After hours of debate, Senate narrows but advances "Bentley and Mason" child‑maintenance proposal following DUI deaths
Loading...
Summary
Senators debated a bill to let courts order maintenance payments from people convicted of driving while intoxicated if that offense led to the death of a child's parent(s). Lawmakers negotiated language on which convictions trigger payments and how insurance recoveries offset maintenance.
The Missouri Senate spent substantial floor time debating a proposal informally known as "Bentley and Mason's Law," which would authorize courts to order child maintenance when a person is convicted of driving while intoxicated and that offense caused the death of a parent or parents of a surviving child.
Sponsor Senator from Saint Francis said the legislation aims to give surviving children an additional remedy when parents are killed in DWI‑related crashes and highlighted the bill’s mandatory maintenance provisions and options for extension when children are incapacitated or enrolled in higher education. The bill would allow wage garnishment through the circuit clerk and includes mechanisms for enforcement and arrearage collection, including a one‑year grace if the payor is incarcerated.
Debate focused on legal thresholds and unintended effects: lawmakers questioned whether the statute should require a specific felony conviction (for example, involuntary manslaughter) or whether any conviction for driving while intoxicated causing death would trigger maintenance. Prosecutors and criminal‑defense concerns were raised on the floor — including how plea bargaining or failure to convict would affect a child’s remedy — and senators negotiated amendments to list specific statutory offenses and to offset maintenance by insurance proceeds obtained related to the death.
After extensive exchanges, supporters and opponents agreed on tightening statutory references and clarifying offsets so that insurance payments tied to the death reduce any maintenance award; the Senate adopted amendments to that effect. Sponsors said the measure is modeled after laws enacted in several other states and argued it gives families another tool when insurance proceeds and civil suits do not fully cover long‑term needs.
Next steps: the bill and its adopted amendments were perfected and ordered printed; proponents said they'll refine statutory citations and offset language before final votes.