AR HB1131

Establishes "Bentley's Law" requiring courts to order restitution to surviving dependent children of homicide victims when the defendant was driving or boating while intoxicated at the time of the homicide.

Defines "dependent child" as a surviving child under age 18, or age 18-19 if still attending high school, excluding emancipated children, married children, or those adopted by another person.

Restitution amounts shall be determined using the Family Support Chart under Supreme Court Administrative Order No. 10, with a rebuttable presumption that the chart amount is correct unless the court finds it would be unjust or inappropriate.

Restitution payments terminate automatically when the dependent child is no longer a dependent or dies, but continue if unpaid to cover any arrearage; defendants released from incarceration have up to one year to begin payments.

Restitution orders are offset by any monetary damages awarded in subsequent civil actions brought by surviving parents or guardians, and do not subject defendants to criminal prosecution for arrearage unless the court finds they have the ability to pay.