Earlier this month, Tennessee became the first state to enshrine a unique bill into law: if you are convicted of impaired driving that ends up in the death of a person who has minor children, you will be required to pay child support for those surviving children until they are 18 or complete high school.
It was a devastated Missouri grandmother who put together the initiative after her two grandsons were orphaned in July of 2021. Their parents and 4-month-old brother were allegedly killed by a drunk driver. While the bill in that state got stalled, Tennessee pushed ahead with its own version after a state police officer there was killed in a hit-and-run by a drunk driver, leaving behind two children.
Ethan’s, Hailey’s and Bentley’s Law, as it’s collectively known, has sparked interest in nearly 20 other states contemplating similar ones. Its proponents think it will force those who drive while impaired to think twice about it.
It won’t.
It’s cynical, but laws like this are just political grandstanding. How likely is it to actually achieve its goal? In Tennessee, it applies to two laws: Aggravated vehicular homicide and vehicular homicide. Vehicular homicide includes the “reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle” via your conduct, impairment or drag racing. To be convicted of the aggravated charge means you have two or more prior convictions for DUI and/or vehicular assault; or one prior for vehicular homicide; or you have a BAC of .20 (!) and one prior for DUI and/or vehicular assault.
There’s a saying that hard cases make bad laws; this is one of those times. It’s difficult not to feel heartbroken for children orphaned by a callous impaired driver. I also feel the same pain for children who lose a parent to a reckless driver. I just have this odd notion that I’d be devastated by the loss of anyone I loved in these circumstances, whether parent, sibling, child or partner.
For those demanding their pound of flesh, it’s unlikely to work out the way you might think. “Vehicular homicide is a Class B felony… minimum of eight years in prison, a maximum of 30 years in prison and a maximum fine of $25,000. Aggravated vehicular homicide is a Class A felony…minimum of 15 years—and a maximum of 60 years—in prison, as well as a maximum fine of $50,000. Further, your licence may be revoked for anywhere from three to 10 years…”
Look at those guaranteed years in jail. Look at the size of those fines. Look at those licence restrictions. Remember any money the person in jail has will go first to lawyers and fines.
The law works like this: the convicted person goes to jail. The courts determine how much child support should be applied, based on:
- The financial needs and resources of the child;
- The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children’s services;
- The standard of living to which the child is accustomed;
- The physical and emotional condition of the child and the child’s educational needs;
- The child’s physical and legal custody arrangements;
- The reasonable work-related child care expenses of the surviving parent or guardian.
People don’t earn money in jail, so upon release, they have one year to start paying their arrears. If a civil action has been instigated and settled before sentencing, there will be no court-ordered maintenance. If a civil action takes place after maintenance has been assigned, it will be deducted from that civil suit.
And that’s the thing: civil actions are the place for this to happen. This is exactly what they’re already for, and that’s why this new law is politicians doing nothing while they smile for the cameras. Money can’t replace a lost parent — or anyone else — but the courts have a process in place to go after what the convicted driver — and possibly their insurance company — might have. Surviving children and their guardians waiting years to receive child support that might (let’s be honest) never arrive. Even if it does, those dribs and drabs would be better-served through civil action.
There is one application of this that could benefit the surviving children: if the amount of support determined by the courts is higher than the award of the civil suit. But again, will it ever materialize?
The most telling part of all of this is that politicians are more than eager to throw their support behind a hollow initiative that won’t ultimately make a bit of difference. People willing to risk long prison sentences to drive impaired are hardly going to be deterred by the threat of some long-in-the-future monthly hit. These same politicians should be supporting initiatives to actually curb the dangerous drivers on our roads, and do more to protect sober road users.
Keyword: Lorraine Explains: Drive drunk in Tennessee and kill a parent? Now you pay child support