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DE HB482

Bill

Status

Introduced

6/15/2022

Primary Sponsor

Bryan Shupe

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • Requires defendants convicted of causing a parent's death while driving under the influence to pay restitution to the deceased's child until the child turns 18 or graduates high school, whichever is later

  • Courts must determine restitution amounts based on factors including the child's financial needs, the surviving parent's resources, the child's standard of living, educational needs, and custody arrangements

  • Incarcerated defendants have up to 1 year after release to begin payments, and restitution continues beyond the scheduled end date if the full amount remains unpaid

  • Restitution payments are made through the Prothonotary as trustee, who must remit funds to the surviving parent within 3 business days

  • Civil judgments offset restitution orders: if a surviving parent obtains a civil judgment before or after the restitution order, the court adjusts accordingly to prevent double recovery

  • Named "Bentley's Law" in honor of Bentley Williams, whose parents were killed by a drunk driver in Missouri in April 2021

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Restitution.

Last Action

Introduced and Assigned to Judiciary Committee in House

6/15/2022

Committee Referrals

Judiciary6/15/2022

Full Bill Text

No bill text available