Texas has passed a bill ordering drivers convicted of intoxication manslaughter to pay restitution to the children of the parents or guardians killed, effective Sept. 1. .“Notwithstanding Article 42.037(g) and subject to Subsection (c), the court shall determine an amount to be paid monthly for the support of the child until the child reaches 18 years of age or has graduated from high school, whichever is later,” said Republican State Rep. Craig Goldman (TX-97) in the bill. .“The defendant may not be required to pay restitution under this article to an individual who is 19 years of age or older.” .Goldman said the court will determine an amount for restitution under House Bill 393 which is reasonable and necessary to support the children based on certain factors..These factors include the financial needs and resources of the children, those of the surviving parent or guardian, the standard of living to which they are accustomed, their physical and emotional condition and their educational needs, their legal custody arrangements, and reasonable work-related child custody arrangements. .He added payments have to be directed to the parent or guardian of the children or the Texas Department of Family and Protective Services as applicable. .If defendants are ordered to pay restitution and are unable to do so because they are confined or imprisoned in a correctional facility, they will begin payments no later than the first anniversary of their release..They can enter into a payment plan to address any amount of money owing as of the date of their release. .They have to pay all money owed regardless of whether the restitution payments were scheduled to terminate while they were confined or imprisoned in a correctional facility. .Goldman said the amount of restitution drunk drivers will have to pay under this article will be deducted from any civil judgment against defendants. .“A restitution order issued under this article may be enforced by the state, or by a person or a parent or guardian of the person named in the order to receive the restitution, in the same manner as a judgment in a civil action,” he said. .Democratic State Sen. Andrew Gounardes (NY-26) was working on a bill in 2022 which would make drunk drivers responsible for child support payments if they happen to kill a parent. .Gounardes said he was inspired to introduce this bill because Tennessee had passed a similar law earlier that year. .“If you drive recklessly, you are going to be held accountable,” said Gounardes.
