Bill > H400

This bill, known as Bentley's Law, requires defendants convicted of certain serious vehicular offenses resulting in death to pay child support restitution to the minor children of the deceased victim. When a person is found guilty of a specific type of felony death by vehicle offense and the victim was a parent of a child under 18, the court must order the defendant to provide child support until each child reaches 18 and graduates high school. The court will determine a reasonable support amount by considering factors such as the child's financial needs, the surviving parent's resources, the child's standard of living, and educational requirements. Payments will be made to the court clerk, who will then distribute the funds to the surviving parent or guardian. If the defendant is incarcerated and unable to pay, they will have up to one year after release to begin payments. The law also includes provisions for offsetting any damages already received in civil suits and allows the surviving parent to enforce the support order like a civil judgment. The law will take effect on December 1, 2025, and apply to offenses committed on or after that date.

Government Affairs, Justice

https://www.ncleg.gov/BillLookUp/2025/H400