Bill requiring convicted drunken drivers to pay child support if parent dies passes Senate

NASHVILLE, Tenn. (Gray News) - A bill in Tennessee passed the Senate that would require a person to pay child support if they kill a parent and are convicted of vehicular homicide due to intoxication.

Tennessee lawmakers unanimously passed House Bill 1834 on Wednesday. The bill was also amended to include the names of fallen police officer Nicholas Galinger’s children.

Galinger was a Chattanooga police officer when he was struck and killed in February 2019 by a woman, Janet Hinds, who was driving while intoxicated, officials said.

The 38-year-old rookie officer was inspecting a manhole cover that had water flowing from it that evening when Hinds hit him with her car and fled, according to the Associated Press.

Hinds was found guilty earlier this year in the fatal hit-and-run and sentenced to 11 years in prison.

According to the house bill summary, if a defendant is convicted of vehicular homicide due to intoxication or aggravated vehicular homicide and the victim of the offense was the parent of a minor child, then the sentencing court must order the defendant 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.

THElaytox on April 21st, 2022 at 07:30 UTC »

Passes Tennessee State Senate*

marasydnyjade on April 21st, 2022 at 04:53 UTC »

Per the bill text:

This bill requires the court to determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors, including, but not limited to:

(1) The financial needs and resources of the child;

(2) 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; and

(3) The standard of living to which the child is accustomed.

If a defendant who is ordered to pay child maintenance pursuant to this bill is incarcerated and unable to pay the required maintenance, then the defendant will have up to one year after release from incarceration to begin payment. If a defendant's child maintenance payments are set to terminate but the defendant's obligation is not paid in full, the payments will continue until paid in full.

This bill requires that no child maintenance be ordered if the surviving parent or guardian brings a civil suit and obtains a judgment prior to the sentencing court ordering child maintenance payments. If the surviving parent or guardian brings a civil suit and obtains a judgment after child maintenance payments have been ordered, then the child maintenance order will be offset by the amount of the judgment awarded in the civil action.

JBreezy11 on April 21st, 2022 at 04:37 UTC »

makes sense in theory, but how can a future said drunk driver pay for child support of the victim, if they’re in prison for manslaughter?

Assuming they aren’t worth shit.