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submitted 1 year ago by MicroWave@lemmy.world to c/news@lemmy.world

A new law in Texas requires convicted drunk drivers to pay child support if they kill a child’s parent or guardian, according to House Bill 393.

The law, which went into effect Friday, says those convicted of intoxication manslaughter must pay restitution. The offender will be expected to make those payments until the child is 18 or until the child graduates from high school, “whichever is later,” the legislation says.

Intoxication manslaughter is defined by state law as a person operating “a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”

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[-] lukzak@lemmy.ml 292 points 1 year ago

Damn Texas. Sometimes you do manage to do something right.

[-] Bipta@kbin.social 116 points 1 year ago

This just seems like theater. What if you disable the parents such that they can't support their kid? You slip through?

[-] gravalicious@lemmy.world 120 points 1 year ago

It's theater. People go to prison for intoxication manslaughter. How are they making money to pay for child support? What kind of job will they really get after getting out of prison for essentially murder?

[-] radix@lemmy.world 108 points 1 year ago

A cynical person might even say this is an attempt by the state and insurance companies to justify not having any sort of security net for victims' families. If one person can be held financially responsible for the kids, why should anyone else have to step in?

[-] snooggums@kbin.social 54 points 1 year ago

That is exactly what it is, aimed at drunk drivers first because everyone will be on board with that demographic first. Then it will be expanded over time.

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[-] BanjoShepard@lemmy.world 44 points 1 year ago

Also, why just drunk driving? Why not you pay child support for murder?

[-] flipht@kbin.social 30 points 1 year ago

Because if you get convicted of murder, you go to jail for a long period of time and never really make much money again, even if you get out.

Their child support payments would be like 16.53 per month.

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[-] mercano@lemmy.world 108 points 1 year ago

Really, shouldn’t this apply to all manslaughter and murder cases?

[-] 3laws@lemmy.world 69 points 1 year ago

Totally. But the US is obsessed with punishment rather than reparations.

[-] alienzx@feddit.nl 18 points 1 year ago

And rehabilitation

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[-] tdawg@lemmy.world 102 points 1 year ago

you know what prevents drunk driving? proper public transit

[-] SpezBroughtMeHere@lemmy.world 21 points 1 year ago

Or people could stop it at the source and be responsible. Probably too much too ask.

[-] tdawg@lemmy.world 37 points 1 year ago

Fixing issues on the individual level is exactly why america is the way it is. Systems solutions exist

[-] Evil_incarnate@lemm.ee 15 points 1 year ago

In the same way telling teens to not have sex will stop teen pregnancies.

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[-] fatalicus@lemmy.world 14 points 1 year ago

From a country with proper public transport here (Norway): people still drive drunk with that, so having some proper punishment won't hurt you.

[-] Viking_Hippie@lemmy.world 25 points 1 year ago

Much FEWER people driving drunk, though, which is the point. Just because the solution doesn't take the problem from 100 to 0 doesn't mean that taking it to 20 or whatever isn't beneficial.

Also, "having some proper punishment won't hurt you" is ridiculously wrong, based on the US having one of if not THE most punitive "justice" system and amongst the highest rates of crime of all western countries.

Prevention and restorative justice works MUCH better at decreasing crime than revenge-based punishment.

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[-] noyou@lemm.ee 15 points 1 year ago

There's also shootings in Norway. The key difference is frequency

[-] AphoticDev@lemmy.dbzer0.com 95 points 1 year ago

The real headline here is Texas being in the news for something that isn't shitty.

[-] TlarTheStorm@lemmy.world 28 points 1 year ago

It's new law day here in Texas. Typically because of the weird way our state works, laws passed in the once every other year legislature only becomes effective on September 1st of that year.

So good stuff like this, the tampon tax thing, etc yes it's all good headline news.

But the vile, anti queer, christostate nonsense goes live now too.

[-] wishthane@lemmy.world 89 points 1 year ago

Punishing drunk drivers is well-deserved, but as long as car-dependent infrastructure encourages drunk driving, it is considerably more difficult to actually decrease the rate of it. Taking a taxi is expensive and being a DD is no fun, so people take stupid risks. If you know you can take public transit home, there's no reason to take such a risk at all.

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[-] afraid_of_zombies@lemmy.world 63 points 1 year ago

I wonder how this will work in practice since most of the time if you kill someone under the influence your life is basically over. Not exactly going to be able to pay a percent of your earnings while you are in jail.

[-] lntl@lemmy.ml 35 points 1 year ago

nah, cyclist here. people "walk" on vehicular manslaughter all the time. it's super fucked up. commonly a suspended sentence is issued.

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[-] PickTheStick@ttrpg.network 35 points 1 year ago* (last edited 1 year ago)

I have an aunt with six DUIs. After the second, they all become felonies, which are supposed to be 2 years at least in jail. I don't think she's ever spent more than a day in jail. Intoxication manslaughter may be worse, but the courts treat alcohol related incidents with kid gloves a LOT of the time.

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[-] atempuser23@lemmy.world 24 points 1 year ago

This creates an incentive to let high earners:wealthy people :off the hook for jail time since they will have to earn money to pay for the support. This of course won’t apply to lower earners which will go to jail.

[-] reverendsteveii@lemm.ee 54 points 1 year ago

This is just a debt trap. It won't help any kids because the kids can't get money from someone who is in prison, but it does make it harder for people who commit crimes to pay their debt and rejoin society. If the law specifically gave these support payments priority over fines payable to the state I'd feel differently, but the real point of this is to just pile debt on someone who can't earn money.

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[-] Jeanschyso@lemmy.world 53 points 1 year ago

Turning jail time into spending money looks a lot like fines being a cost of business. A CEO of a big company could just kill a child's parents and not even feel the sting, as long as he's drunk and his weapon is his car.

[-] utopianfiat@lemmy.world 21 points 1 year ago

Bold of you to assume the CEO would be convicted

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[-] quindraco@lemm.ee 49 points 1 year ago

So now drunk drivers have an incentive to claim it was intentional, not accidental.

The overall idea here is excellent, but it is fundamentally nonsensical to only apply it to drunk drivers and not all killers.

[-] doggle@lemmy.dbzer0.com 29 points 1 year ago

I guess... but that's a risky move in a state that's pretty gung-ho with the death penalty. I think most would rather pay the child support than admit to second or first degree murder

[-] 11181514@lemm.ee 17 points 1 year ago

You think first degree murder would be a better financial decision than manslaughter?

Agreed with your second sentence. Though I think the state should step in to help the kids in either instance. If they're convicted and are in prison it's trying to get blood from a stone at that point.

This is Texas though. This isn't about helping anyone it's just grandstanding for votes.

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[-] fne8w2ah@lemmy.world 36 points 1 year ago

Actually one of the few sane things that Texas has done.

[-] Fedizen@lemmy.world 32 points 1 year ago* (last edited 1 year ago)

This is not a terrible law but maybe we should design our infrastructure such that injuries are rare rather than the "Accidents are common and you have to pay more if some of the people are alive after the accident" model we currently use.

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[-] brygphilomena@lemmy.world 32 points 1 year ago

Or until the child graduates from high school, "whichever is later."

So don't graduate and get paid for life?

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[-] Mrjelly13@lemmy.ml 29 points 1 year ago

Fuck drunk drivers

[-] blazera@kbin.social 28 points 1 year ago

So...if you actually want to have fewer drunk driving incidents...and fewer crashes in general, we know how. You have less car centric infrastructure. Of course youre gonna have drunk driving when bars have required minimum parking when being built.

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[-] PunnyName@lemmy.world 28 points 1 year ago

Just know, all humans are terrible drivers (myself included). A drunk driver is like putting a toddler being the wheel.

We need better public transit. Period. Get cars out of human hands.

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[-] Snapz@lemmy.world 27 points 1 year ago

Correction, this is Texas, so you'll have to pay if you're poor or not right wing politically connected. If you can afford proper counsel, you won't.

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[-] lazyvar@lemmy.world 26 points 1 year ago

I’ll always be in favor of heavily penalizing drunk driving and improving enforcement to dissuade people from drunk driving.

That said, it would be nice if we could take a page out of the books of other countries where children and parents don’t have to rely on child support to ensure children get the means necessary to survive.

The current system furthers this game of hot potato which leads to children having a poor relationship with one of their parents and growing up in poverty, all in the name “personal responsibility” and “muh tax payer moneys” while children end up being collateral damage.

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[-] TruTollTroll@lemmy.world 26 points 1 year ago

Serious question, how do they do that, while in prison with no residual income? And if they were already near broke, how does this work?

[-] Pyr_Pressure@lemmy.ca 24 points 1 year ago

I would like for someone to try and get corporations to pay child support when one of their workers dies from neglectful maintenance or dangerous policies.

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[-] Matriks404@lemmy.world 23 points 1 year ago

I mean sure, but they still should go for a long time to jail.

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[-] Rusticus@lemmy.world 19 points 1 year ago

How about just make financial penalties for traffic violation/vehicular homicide be based upon salary/net worth like Europe?

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[-] sederx@programming.dev 19 points 1 year ago

will it turn into a chinese model where the driver is now looking to run over the kids too?

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[-] EmptySlime 15 points 1 year ago

I'm theory I like this idea, make the person that killed the parent and remove that support try to replace it. I just don't know how well it's going to work in practice. Like, I don't know how many drunk drivers have a high enough income that any meaningful amount of child support would be derived from this. Not that a drunk driver being poor or not should get them out of consequences. But like my dad weaseled his child support payments down to $25 a month and it was just ridiculous. It didn't help at all. But some nice karma on him was that all those years of working under the table to lower his child support meant that when the piece of shit got injured and needed to try to get disability he hadn't gotten enough work credits in the previous ten years.

I feel like it would probably be better if the state established a fund that they could use to pay out to those kids that they could fund at least partially with fines brought against drivers convicted of DUI. That way we could guarantee some level of support for the kids that lost parents and still force the drunk drivers to at least partially fund it but a kid won't get screwed just because the drunk driver that killed their parent particularly happened to be poor.

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this post was submitted on 02 Sep 2023
1625 points (100.0% liked)

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