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HB 640: OVI drivers would pay restitution when parent of a minor is killed
KEITH ARNOLD
Special to the Legal News
Published: June 22, 2022
A Republican duo in the Ohio House of Representatives borrowed from their lawmaker peers in Tennessee to introduce a bill requiring individuals convicted of an OVI-related aggravated vehicular homicide to pay restitution to any minor child of the victim.
Titled Bentley’s Law: Justice for Children Victimized by Drunk Drivers, a convicted offender would pay what lawmakers call “child maintenance” until the youth reaches the age of 18 when the victim is a parent, legal guardian or custodian of a minor child.
“The parent-child relationship is perhaps the most important, influential and cherished relationship in our society,” said Rep. Diane Grendell of Chesterland, a joint sponsor of the bill. “A parent is a teacher, a guide, a role model and a loving figure for their child. … The death of a parent is an incredibly stressful event for a child, and one that can have profound consequences for the child’s future wellbeing.”
During recent testimony at a Criminal Justice Committee hearing, Grendell said, given the
long-term effects of a child losing a parent, it is imperative that the Legislature adopt the law.
“It is time to stand up for victims and help the families experiencing such a tragic and senseless loss of life,” she continued. “With ride sharing options such as Uber and Lyft readily available at the touch of a button, there is absolutely no excuse for an individual to get behind the wheel of a car while intoxicated.”
The lawmaker cited national data, reporting 10,000 annual deaths resulting from drunk-driving car accidents.
According to Mothers against Drunk Driving, drunk driving is still the No. 1 cause of death on our roadways, she told committee members.
“Two out of three people will be impacted by a drunk driving crash in their lifetime, and statistics from the Ohio State Highway Patrol show that last year there were 13,136 OVI-related highway crashes in Ohio, causing 685 deaths,” Grendell said.
Joint sponsor Rep. Tom Young of Washington Township said the felony OVI offender would be required to pay child support for each minor child until they reach 18 years of age.
“These payments attempt to provide financial support to the victim’s family in addition to holding the drunk driver responsible,” he said.
According to the bill, the court must take into account the following circumstances in determining child maintenance:
• The financial needs and resources of the child;
• The financial resources and needs of the surviving parent, legal custodian or guardian;
• The standard of living that the child is accustomed to;
• The physical and emotional condition of the child and the child’s educational needs;
• The child’s physical and legal custody arrangements’; and
• The reasonable work-related child-care expenses of the surviving parent, legal custodian or guardian.
Should the offender be incarcerated and unable to pay, Young explained, the individual must enter a payment plan with the court and begin payments no more than one year after their release. He added that the offender must continue payments until the entirety of the amount owed is paid even if the payments are set to terminate.
“Ultimately, our legislation tries to aide in a tragic circumstance,” Young said. “While no amount of money can relieve the grief from a child losing their parent at a young age or bring that parent back, we hope that this financial assistance eases the burden placed upon the victim’s children and family.”
Grendell noted that the Tennessee version of the bill cleared both houses of that state’s Legislature unanimously. It has been introduced in at least seven other states.
Five fellow House members have signed on to the bill, which is filed as House Bill 640.
It awaits further consideration by committee members.
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