Woman says she hopes Bentley's Law will serve as deterrent after daughter was killed by drunk driver

Shannon Ryan Image
Tuesday, September 5, 2023
New law requires child support payments by drunk driver if parent dies
A new law, HB-393, was passed which will require a convicted drunk driver to pay child support if they kill a parent or guardian in Texas.

HOUSTON, Texas (KTRK) -- In a new Texas law, convicted drunk drivers will now have to pay child support if they kill a parent, guardian, or minor.

"Bentley's Law" passed unanimously, 143-0, out of the Texas House of Representatives and went into effect on Sept. 1.

ORIGINAL REPORT: Texas drunk drivers will now have to pay child support if they kill a parent, guardian

The court will determine how much someone has to pay based on financial standing. Payment plans will be available, and payment must begin no later than one year after the person is released from prison.

In 2009, Mindy Red's daughter, Michelle, was killed by a drunk driver. She adopted her grandson, AJ, a legal process she said the family received no financial compensation for.

"We went through major hardships. I lost my job during that time frame because I was out of work so much, with courts and being sick myself, and I ended up losing my job. We ended up losing our house. We lost one of our cars. We had to file for bankruptcy. We lost all the material things, including my dream job," she explained.

SEE ALSO: Here are the Texas DWI penalties if you're caught drinking and driving

Red told ABC13 that she hopes the new law will serve as a deterrent.

"The victim is the one that is constantly paying financially and emotionally," she said.

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