Criminal Law – Homicide by Motor Vehicle or Vessel – Restitution to Child (Bentley’s Law)

HB 1394, or "Bentley’s Law," requires courts to order convicted drivers who cause a parent’s or guardian’s death through impaired driving (alcohol, drugs, or controlled substances) to pay financial restitution directly to the child victim. The law mandates courts consider the child’s financial needs, living standard, health, and custody situation when setting restitution amounts. Payments must continue until the child turns 18 or graduates high school, with special provisions for incarcerated offenders. This law directly affects children who lost a parent/guardian to impaired driving fatalities and the drivers convicted of those offenses.