Introduced

SB 1374 - This act establishes "Bentley and Mason'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 or guardian, such person shall pay, pursuant to a court order, a monthly restitution to the child of the deceased parent or guardian until the child reaches 18 years of age.

Monthly restitution shall be determined and remitted as specified in the act. If the person ordered to pay restitution is unable to make required monthly payments because such person is imprisoned or otherwise confined, then the person shall begin making the payments no later than the first anniversary of the date of his or her release from the correctional facility and shall pay all arrearages, regardless of whether the payments were due to be terminated while the person was imprisoned or otherwise confined.

The amount of restitution paid under this act shall be deducted from any civil judgment against the defendant.

The Attorney General or a person, parent, or guardian of a child due restitution under this act may enforce a restitution order issued in the same manner as a judgment in a civil action.

This act is identical to a provision in SCS/HCS/HB 2700 (2024) and HCS/SS#2/SB 862 (2024) and similar to HB 1958 (2024) and HB 1954 (2022).

SARAH HASKINS


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