If you take the life of a parent, you should be financially responsible for their child?
New legislation introduced this year says Yes! It involves vehicular homicide and child support. The concept is simple: if you take the life of a parent, you should be financially responsible for their child. Nationally, the bill is referred to as Bentley’s Law, named after the grandson of Cecilia Williams of Missouri. Bentley, her grandson, lost his parents and 5-month old brother in a drunk driving incident in April of 2021. “They deserve to get that compensation…you’re talking about raising children that their parents are no longer here,” said Williams to their local station KMOV. For Louisiana, the legislature has taken action. Although they have amended the proposed law to exclude the phrase “child support”, restitution to children whose parents are killed by drunk drivers is slated to pass.
Originally introduced by Representative Mike Henderson from Missouri in December 2021, House Bill 1954 referred to as “Bentley’s Law” has thus far proceeded through several committees. Representatives from other states, including Tennessee and Louisiana, are replicating this proposed law for their localities. “[Bentley’s Law is] a very creative bill,” said Tennessee Rep. Antonio Parkinson of Memphis. “It’s a good bill and I’m signing on to it.” The Kingsport Tennessee Times reported Tennessee’s Governor Bill Lee is expected to sign this new legislation into law this year.
For us locally, the name of the proposed law law will be “Cody’s Law.” Introduced by Louisiana House Representative Jonathan Goudeau of Lafayette and Vermillion parishes, the bill is very similar to that presented in other states. HB 51 included that child support would mirror the state’s current child support regulation, which is until the child turns 18 or if enrolled and attending high school or a GED test prep program or a postsecondary institution, then payments continue until completion of the program or the child reaches the age of 21, whichever occurs first. Rep. Mike Johnson of Rapides Parish and Senator Steward Cathey, Jr. from Northeast Louisiana also joined. In the House Committee, the proposed law was altered to exclude the phrase “child support” in favor of “pay restitution.” Rep. Goudeau explained that nationally child support is for living parents. "Suspects in this case are not a parent," said Rep. Goudeau. "You can't double-dip. You can't get both restitution and child support for the loss of the parent." Thus, the removal of the phrase child support was favorable and the bill is being positively received.
As for who Cody is, Rep. Goudeau says the law's namesake shall remain confidential, but permission to use his name was approved by the family. Sadly, Cody was a parent who lost his life to a drunk driver. According to the National Highway Traffic Safety Administration, 28 people in the United States die every day in drunk-driving crashes. It is the equivalent of one person dying every 52 minutes from a drunk driver. According to the National Highway Traffic Safety Administration, 28 people in the United States die every day in drunk-driving crashes. It is the equivalent of one person dying every 52 minutes from a drunk driver.
Rep. Goudeau’s HB 51 is presently reengrossed, meaning it is in its final form for its submission to be voted on by the Committee on Judiciary C (according to Louisiana State Legislature’s website). We will continue to keep an eye on this bill as it possibly becomes future law.
