New Kentucky law requires DUI offenders pay child support to victims’ families

FRANKFORT, Ky. — In Kentucky, families seriously impacted by someone driving under the influence can receive child support, after Governor Andy Beshear signed Senate Bill 268 into law.

The bill, sponsored by Senator David Yates, is also known as “Melanie’s Law.”

It’s modeled after Bentley’s Law, passed in Texas, which requires people convicted of manslaughter as a result of driving under the influence to pay restitution.

“No child should lose a parent or guardian to someone else who is driving under the influence,” said Beshear. “We hope this bill will deter individuals from driving under the influence and will better support children who are victims of this crime.”

In Kentucky, the law allows a judge to add restitution in the form of child support to the sentence of a person convicted of DUI if they caused an incident “that results in the death or permanent disability” of a child’s parent or guardian.

A specific amount the defendant would be required to pay is not highlighted in the law. Instead, it leaves it up to the court decide the amount after considering “all relevant factors,” including:

• Financial needs and resources of the child
• Financial resources and needs of the surviving parent or guardian
• Standard of living to which the child is accustomed
• Physical and emotional condition of the child and their educational needs
• The child’s physical and legal custody arrangements
• Reasonable child care expenses of the surviving parent or guardian

Under Melanie’s Law, the defendant would have to pay that amount for each of the victim’s children until those children turn 18 — or until they turn 19, if the child is still in high school.
If the person convicted is also incarcerated, they don’t have to begin paying the ordered child support until one year after their release, however.

The law says defendants paying child support will do it through a clerk of court, who will then pass the payments onto the victim or their family.

Yates told WNKY in April, when the bill was signed, the bill was named for his cousin, “who is still fighting hard for her life” after being hit by a drunk driver who ran a red light.

“I just didn’t realize the dozens of families that are going through the exact same thing,” said Yates the day Beshear signed the bill. “And to have just a little bit of justice here in Kentucky, I think is a positive.”

Beshear formally held a signing ceremony for Senate Bill 268 on Monday.

“Today we honored the life of Melanie Hull by signing Senate Bill 268, which stems from unimaginable loss, but will help those impacted by drunk driving in the future,” read a Tweet from the governor’s account.