samhexum Posted September 3, 2023 Posted September 3, 2023 A NEW TEXAS LAW I AGREE WITH: A new Texas law requires drunken drivers who kill parents or guardians to pay child support to the victims’ children until the youths turn 18 . Bipartisan House Bill 393 went into effect Friday. Children will receive payments until they turn 18 or graduate from high school, whichever comes later. The bill was signed into law by Gov. Greg Abbott June 2. “Any time a parent passes is tragic, but a death at the hands of a drunk driver is especially heinous,” Abbott tweeted on July 25th. The court will determine the monthly payment depending on a number of factors, including the financial needs of the child and the surviving parent or guardian, if there is one, as well as the financial resources of the defendant. The payments are to be paid to a surviving parent or guardian, or the Department of Family and Protective Services, if the child is placed in their care. If the defendant isn’t able to make the necessary payments because of imprisonment, they should begin payments no later than one year after being released. “The defendant must pay all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined or imprisoned in the correctional facility,” the law states. HB 393 applies to incidents committed on or after it became a law. https://www.nbcnews.com/news/us-news/texas-law-drunk-drivers-child-support-rcna103034 As I emphasized above, this was a bipartisan bill, so please don't drag politics into any comment you post. This seems like a common-sense (and just) measure to me, but maybe I'm not seeing some angle. I know it can leave the killer with years of financial obligation after they 'pay their debt to society', but the killers leave the kids with a lifetime of emotional loss. And just like if you can't do the time, don't commit the crime, if you can't pay the price, it's not gonna be nice. + Charlie, ICTJOCK and + Vegas_Millennial 3
wsc Posted September 4, 2023 Posted September 4, 2023 Although this notion seems attractive, I would note the disparity that if the parents are murdered in a robbery, home invasion, or the like, that killer doesn't face this type of burden. Which is more heinous? A death caused by an irresponsible jerk, drunk on his ass, or a cold blooded and sober murder done for hire or done during a theft or similar crime? Uneven justice is inherently unequal justice, and the financial issues are essentially a civil issue, and survivors and their custodians are always free to sue for just recompense. I see this as state overreach, pandering to easily exploitable public emotions. I have little sympathy for the drunk driver, but emotion has no place in the application of a reasoned system of justice. + Charlie, + Vegas_Millennial and thomas 1 2
samhexum Posted September 4, 2023 Author Posted September 4, 2023 17 hours ago, samhexum said: This seems like a common-sense (and just) measure to me, but maybe I'm not seeing some angle. 28 minutes ago, wsc said: I would note the disparity that if the parents are murdered in a robbery, home invasion, or the like, that killer doesn't face this type of burden. Which is more heinous? A death caused by an irresponsible jerk, drunk on his ass, or a cold blooded and sober murder done for hire or done during a theft or similar crime? Uneven justice is inherently unequal justice... Thank you for making me think of that aspect of the situation. + Vegas_Millennial and thomas 2
+ GoingGood Posted September 4, 2023 Posted September 4, 2023 1 hour ago, wsc said: Although this notion seems attractive, I would note the disparity that if the parents are murdered in a robbery, home invasion, or the like, that killer doesn't face this type of burden. Which is more heinous? A death caused by an irresponsible jerk, drunk on his ass, or a cold blooded and sober murder done for hire or done during a theft or similar crime? Uneven justice is inherently unequal justice, and the financial issues are essentially a civil issue, and survivors and their custodians are always free to sue for just recompense. I see this as state overreach, pandering to easily exploitable public emotions. I have little sympathy for the drunk driver, but emotion has no place in the application of a reasoned system of justice. This is a great point. Should the law be expanded to include these issues? + Vegas_Millennial 1
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