this post was submitted on 02 Sep 2023
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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 155 points 10 months ago (11 children)

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

[–] Bipta@kbin.social 68 points 10 months ago (1 children)

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 75 points 10 months ago (1 children)

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?

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[–] June@lemm.ee 6 points 10 months ago

Two things in a row it seems. This is weird.

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[–] tdawg@lemmy.world 66 points 10 months ago (1 children)

you know what prevents drunk driving? proper public transit

[–] fatalicus@lemmy.world 8 points 10 months ago (1 children)

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

[–] noyou@lemm.ee 4 points 10 months ago

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

[–] AphoticDev@lemmy.dbzer0.com 61 points 10 months ago

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

[–] wishthane@lemmy.world 47 points 10 months ago (7 children)

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 43 points 10 months ago (2 children)

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.

[–] PickTheStick@ttrpg.network 20 points 10 months ago* (last edited 10 months ago) (1 children)

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.

[–] Agent641@lemmy.world 5 points 10 months ago

My brother spent 3 seperate days in jail for 5 drunk driving charges.

I mean he's my brother, but lock that idiot up for a while longer, at least.

[–] lntl@lemmy.ml 17 points 10 months ago (1 children)

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

[–] aidan@lemmy.world 4 points 10 months ago (5 children)

Vehicular manslaughter !== Killing someone by drunk driving. Drunk driving is clear negligence, hitting someone entirely on accident shouldn't ruin two lives. In those articles it doesn't say anything about the driver being drunk

[–] lntl@lemmy.ml 4 points 10 months ago* (last edited 10 months ago)
[–] huge_clock@lemmy.world 4 points 10 months ago

criminal negligence causing death is manslaughter.

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[–] reverendsteveii@lemm.ee 42 points 10 months ago (2 children)

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.

[–] PM_ME_FEET_PICS@sh.itjust.works 11 points 10 months ago

This is what I was thinking as well. Or they are going to garnish the wage of prison pay so the child is only going to recieve very little.

[–] what_is_a_name@lemmy.world 6 points 10 months ago

Precisely. Nothing in Texas is supposed to work as advertised. This is to further hunt poor people. Ideally brown ones. Glad I left that rotten state.

[–] quindraco@lemm.ee 27 points 10 months ago (7 children)

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 23 points 10 months 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 8 points 10 months ago (1 children)

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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[–] Fedizen@lemmy.world 21 points 10 months ago* (last edited 10 months ago) (3 children)

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.

[–] ColeSloth@discuss.tchncs.de 5 points 10 months ago (1 children)

It might be a terrible law if it pushes the burden of paying for a child's care onto a person going to prison for a while, coming out in debt and without transportation, while being expected to pay for child support while also paying for their time in prison and having to find work as a felon instead of social security and welfare helping.

Aside from that it also makes no sense. Different punishments for killing different people shouldn't be a thing. This will 100% be a law that makes sure criminals and felons stay felons and continue to go in for profit prisons while the government ducks out of paying welfare and social security. What a farce.

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[–] lntl@lemmy.ml 3 points 10 months ago

these crashes are not "accidents" if infrastructure is designed that way. the design/engineering element make these crashes "features" of the design.

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[–] Rusticus@lemmy.world 16 points 10 months ago (2 children)

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

[–] what_is_a_name@lemmy.world 12 points 10 months ago

See that is the opposite of the goal here. This will be a whip on poor people. Making the fine tied to your income would punish the people writing this bill they cannot have that !

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[–] Matriks404@lemmy.world 15 points 10 months ago (1 children)

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

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[–] blazera@kbin.social 13 points 10 months ago (1 children)

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.

[–] hh93@lemm.ee 7 points 10 months ago (1 children)

Yeah this won't stop a single accident - and it will probably not result in more money for the kids, too since many people won't be able to pay from prison

[–] Blapoo@lemmy.ml 7 points 10 months ago

But at least the government won't have to drop a penny. Working as intended!

[–] EmptySlime@lemmy.blahaj.zone 13 points 10 months ago (1 children)

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.

[–] Blackmist@feddit.uk 5 points 10 months ago (1 children)

I suspect it will just end in a lot of "Well, the guy that killed your dad was poor, so you're not getting any child support".

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[–] Mrjelly13@lemmy.ml 11 points 10 months ago

Fuck drunk drivers

[–] fne8w2ah@lemmy.world 10 points 10 months ago

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

[–] NutWrench@lemmy.world 10 points 10 months ago

Punitive damages for killing a person have to be a hell of lot more than paying the cost of child support.

[–] Eggcat@lemmy.ml 9 points 10 months ago

makes sense lmao drunk drivers are evil

[–] sederx@programming.dev 9 points 10 months ago (3 children)

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

[–] protput@lemmy.world 6 points 10 months ago

Damn. You found the loophole.

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[–] xc2215x@lemmy.world 7 points 10 months ago

Good move by Texas.

[–] relative_iterator@sh.itjust.works 4 points 10 months ago

Wow good job Texas! What if they never graduate high school though 😂

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