Japanese Symbol for Karma
In Ancient Japan, it used to be expected that if someone was saved while trying to commit suicide, and the person who wanted to commit suicide later wrongly killed someone, then the person who saved the suicidal person would also be held responsible for the wrongful death. The ‘Karma’ of the persons becoming intertwined was the idea.
If the wrongful death was murder and the penalty is death, would it be right to also impose the death penalty on the person who saved the murderer’s life? Intentions might have seemed reasonable, but like in Bentley’s Law (see below), what if the penalty harms the innocent?
PUNISHING THE MANY FOR THE CRIME OF THE FEW?
If the DWI Offender that causes a death has to pay for child support to the deceased parent’s living children, but such a penalty makes paying for one’s own family suffer inordinately, then what? Practicality? Who will be able to pay for such a penalty? Won’t it also cause more grief for the family raising the children? Predictably, they would have to file a lawsuit to make the person pay child support.
Beginning September 1, 2023, anyone convicted of intoxication manslaughter in Texas will be required to pay monthly child support if they caused a crash that resulted in the death of a parent with minor children. The new law – passed in the 88th Texas legislative session as House Bill 393: “Mandatory Restitution for Child of Victim of Intoxication.”
This statute states that:
The court shall order a defendant convicted of intoxication manslaughter to pay monthly restitution for a child whose parent or guardian was killed until the child reaches age 18 or has graduated from high school, whichever is later.
The defendant is not required to pay restitution to an individual who is 19 years or older.
The court shall determine the amount of restitution based on what is reasonable and necessary to support the child after considering all relevant factors including:
the financial needs and resources of the child; the surviving parent or guardian or other current guardian of the child or, if applicable, the financial resources of the state if the Department of Family and Protective Services (DFPS) has been appointed as a temporary or permanent managing conservator of the child; the standard of living to which the child is accustomed; the physical and emotional condition of the child and his or her educational needs; the child’s physical and legal custody arrangments; the reasonable work-related child care expenses of the surviving parent or guardian or other current guardian if applicable; and the financial resources of the defendant.
If the defendant is unable to pay due to incarceration, he or she shall begin payments within one year of being released in a payment plan agreed by the court. The state has the authority to remit these payments.
BENTLEY’S LAW: THE LEGISLATIVE INTENT
Texas’ new child support intoxication manslaughter law is also referred to as “Bentley’s Law.” Like a lot of legislation, it stemmed out of a tragedy, which attracted nationwide attention. On April 13, 2021, a mother, father, and their 4-year-old son were killed in a drunk driving fatality in Missouri. They left behind two other sons, Bentley and Mason, who went to live with their grandmother, Cecilia Williams.
Over the next two years, the grandmother advocated for a law that would mandate drunk drivers, when convicted of causing the death of a parent, to provide child support to the surviving underage children.
In 2022, Tennessee became the first state to pass “Bentley’s Law.” Since then, more than a dozen states have introduced “Bentley’s Law” or are drafting this legislation.
“In my opinion…today…” is lawmakers’ effort to secure votes and help the victims of crime. Flawed reasoning is frequently masked by good intentions. ‘The Road to Hell is Paved With Good Intentions’ Although we often use this expression to mean that good intentions can lead to negative consequences, others interpret that good intentions are worthless unless followed up with action. What good is ‘karma’ or Bentley’s Law if the person is unable to pay and the ripple effect therefrom devalues the lives of the innocent? Are the children guilty of the crimes (or Biblical ‘sins’ reflected in Exodus 20:5) of the parents?
I can see consequences for the offender, but what if the offender CAN pay child support but loses his job because lawmakers say he CAN’T own this type of business due to his DWI (transportation industry)? What if his company employs 500 people and barely makes ends meet? Should they all go job hunting over his DWI conviction?
Life is messy, while most truths are simple. Passing a law for everything makes our lives feel crazy, or the laws are coming from our crazy pain and the inability to sort it all out. We need to be extremely careful about what laws we pass, but unfortunately, the reverse seems to be the case.
I pieced together this collage of Tacitus quotes for a time of silence circumspection for you. Unsurprisingly, someone in power talks about power; but I also like the Jimi Hendrix quote conjoined to the Biblical Scripture.
