HB 1954 - This act establishes "Bentley's Law". Under this act, if a person is convicted of the offense of driving while intoxicated and such offense caused the death of a parent, such person shall pay child maintenance to the child or children of the deceased parent until the child or children reaches 18 years of age, unless such child or children attends a secondary school, in which case such maintenance shall continue until completion of the instruction program or 21 years of age, whichever first occurs. Child maintenance shall be determined and remitted as specified in the act.
No child maintenance shall be awarded if the child's surviving parent or guardian prevails in a civil action against the convicted person prior to the establishment of a child maintenance order. If the surviving parent or guardian brings a civil action after the court orders child maintenance, the child maintenance shall offset the judgement awarded in the civil action.