A new bill targeting drunk drivers is gaining momentum throughout Tennessee and across the nation. The bill aims to help tackle drunk driving by implementing a unique financial penalty, child support payments.
House Bill 1834, otherwise known as Ethan's, Haley's, and Bentley's Law was the product of three children who lost their parents due to a drunk driver. The bill pushes to have drunk drivers who kill the parent of a minor be financially responsible for the minor through child support or “child maintenance” payments.
The measure is aimed at reducing the number of fatalities that occur each year because of drunk driving. According to the National Highway Traffic Safety Administration, (NHTSA), the average number of deaths each year because of drunk driving crashes hovers just over 10,000.
Under the bill, child support payments would be required of individuals who are found guilty of vehicular homicide and intoxication or aggravated vehicular homicide while operating a vehicle under the influence. The payments will continue until the child reaches the age of 18 or graduates from high school.
The bill received sweeping unanimous support from both the House and the Senate. Tennessee lawmakers voiced their approval for this innovative bill with many lawmakers calling it a necessary measure to help reduce drunk driving in the state.
State representative Mike Hall helped sponsor the bill and shared in a Facebook post, "As I promised, I will do what it takes to protect the future of our most valuable resources, our children." He adds, “Tennesseans care for each other and we will do everything in our power to hold people accountable who chose to do harm."
The bill is now making its way to Governor Bill Lee’s desk. If signed, the bill will be the first of its kind in the nation.
There is still some discrepancy regarding how the child maintenance payments will be made, but they will likely follow the standards set for the current child support payment process. The bill details that the courts will be able to determine what a “reasonable and necessary” amount of child support is. Factors including “the standard of living which the child is accustomed to” will be taken into consideration when child support payments are calculated.
If a driver is arrested and serves jail time due to their conviction, they will have up to one year following their release to begin making payments. The bill also details that if a surviving parent or grandparent of the child sues the drunk driver and wins a judgment, then they will not obtain the child maintenance payments.
Public support for the bill has been overwhelmingly positive throughout the state. It’s likely that momentum for the bill will continue, and similar measures will pop up in other states in the coming years.
