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Bill > SB2103


TN SB2103

AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 55, relative to driving under the influence.


summary

Introduced
01/31/2022
In Committee
Crossed Over
Passed
Dead
Signed/Enacted/Adopted
06/01/2022

Introduced Session

Potential new amendment
112th General Assembly

Bill Summary

As enacted, enacts "Ethan's, Hailey's, and Bentley's Law," which requires a sentencing court to order a defendant who has been convicted of vehicular homicide or aggravated vehicular homicide due to intoxication and in which the victim of the offense was the parent of a minor child to pay restitution in the form of child maintenance to each of the victim's children until each child reaches 18 years of age and has graduated from high school. - Amends TCA Title 39; Title 40 and Title 55.

AI Summary

This bill, known as "Bentley's Law," requires a sentencing court to order a defendant who has been convicted of vehicular homicide or aggravated vehicular homicide due to intoxication, where the victim was the parent of a minor child, to pay restitution in the form of child maintenance to each of the victim's children until they reach 18 years of age and graduate from high school. The court must determine a reasonable and necessary amount for the child's maintenance, considering factors such as the child's financial needs and resources, the surviving parent's or guardian's situation, and the child's standard of living and educational needs. The payments must be made to the court clerk as trustee, who will then remit the funds to the child's surviving parent or guardian. The bill also provides exceptions for incarcerated defendants and offsets for any civil judgments obtained by the surviving parent or guardian. The act takes effect upon becoming law and applies to offenses committed on or after that date.

Committee Categories

Justice

Sponsors (3)

Last Action

Comp. became Pub. Ch. 1056 (on 06/01/2022)

bill text


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