DUI Offenses - As enacted, enacts "Ethan's, Hailey's, and Bentley's Law," which requires a sentencing court to order a defendant who has been convicted of vehicular homicide or aggravated vehicular homicide due to intoxication and in which the victim of the offense was the parent of a minor child to pay restitution in the form of child maintenance to each of the victim's children until each child reaches 18 years of age and has graduated from high school. - Amends TCA Title 39; Title 40 and Title 55.
HB1834 has been assigned Public Chapter Number 1056 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1834Date
    Effective date(s) 05/25/202206/01/2022
    Pub. Ch. 105606/01/2022
    Signed by Governor.05/25/2022
    Transmitted to Governor for his action.05/16/2022
    Signed by Senate Speaker05/12/2022
    Signed by H. Speaker05/04/2022
    Enrolled; ready for sig. of H. Speaker.04/26/2022
    H. concurred in S. am. no. 2 Ayes 93, Nays 0 PNV 0 HB183404/25/2022
    H. Placed on Message Calendar for 4/25/2204/21/2022
    Passed Senate as amended, Ayes 32, Nays 004/20/2022
    Amendment withdrawn. (Amendment 1 - SA0900)04/20/2022
    Senate adopted Amendment (Amendment 2 - SA0923)04/20/2022
    Senate substituted House Bill for companion Senate Bill.04/20/2022
    Received from House, Passed on First Consideration03/03/2022
    Engrossed; ready for transmission to Sen.03/01/2022
    Sponsor(s) Added.02/28/2022
    Passed H., as am., Ayes 93, Nays 0, PNV 002/28/2022
    H. adopted am. (Amendment 1 - HA0516)02/28/2022
    H. Placed on Regular Calendar for 2/28/202202/24/2022
    Placed on cal. Calendar & Rules Committee for 2/24/202202/23/2022
    Rec. for pass. if am., ref. to Calendar & Rules Committee02/16/2022
    Placed on cal. Criminal Justice Committee for 2/16/202202/09/2022
    Sponsor(s) Added.02/09/2022
    Rec for pass if am by s/c ref. to Criminal Justice Committee02/09/2022
    Sponsor(s) Added.02/08/2022
    Placed on s/c cal Criminal Justice Subcommittee for 2/9/202202/02/2022
    Assigned to s/c Criminal Justice Subcommittee01/25/2022
    P2C, ref. to Criminal Justice Committee01/24/2022
    Intro., P1C.01/20/2022
    Filed for introduction01/19/2022
    Actions For SB2103Date
    Comp. became Pub. Ch. 105606/01/2022
    Sponsor(s) Added.04/21/2022
    Companion House Bill substituted04/20/2022
    Placed on Senate Regular Calendar for 4/20/202204/18/2022
    Senate Reset on calendar for 4/20/202204/14/2022
    Placed on Senate Regular Calendar for 4/14/202204/12/2022
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 004/06/2022
    Placed on Senate Judiciary Committee calendar for 4/6/202203/30/2022
    Action deferred in Senate Judiciary Committee to 4/5/202203/30/2022
    Placed on Senate Judiciary Committee calendar for 3/30/202203/30/2022
    Action deferred in Senate Judiciary Committee to 3/30/202203/29/2022
    Placed on Senate Judiciary Committee calendar for 3/29/202203/23/2022
    Passed on Second Consideration, refer to Senate Judiciary Committee02/03/2022
    Introduced, Passed on First Consideration02/02/2022
    Filed for introduction01/31/2022
  • AmendmentsFiscal Memos
    HA0516Amendment 1-0 to HB1834Fiscal Memo for HA0516 (12856)  
    AmendmentsFiscal Memos
    SA0900Amendment 1-1 to SB2103 
    SA0923Amendment 2- to SB2103Fiscal Memo for SA0923 (17246)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB1834

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    Under this bill, if a defendant is convicted of vehicular homicide due to intoxication or aggravated vehicular homicide and the victim of the offense was the parent of a minor child, then the sentencing court must order the defendant to pay restitution in the form of child maintenance to each of the victim's children until each child reaches 18 years of age and has graduated from high school, or the class of which the child is a member when the child reached 18 years of age has graduated.

    This bill requires the court to determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors, including, but not limited to:

    (1) The financial needs and resources of the child;

    (2) The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children's services; and

    (3) The standard of living to which the child is accustomed.

    If a defendant who is ordered to pay child maintenance pursuant to this bill is incarcerated and unable to pay the required maintenance, then the defendant will have up to one year after release from incarceration to begin payment. If a defendant's child maintenance payments are set to terminate but the defendant's obligation is not paid in full, the payments will continue until paid in full.

    This bill requires that no child maintenance be ordered if the surviving parent or guardian brings a civil suit and obtains a judgment prior to the sentencing court ordering child maintenance payments. If the surviving parent or guardian brings a civil suit and obtains a judgment after child maintenance payments have been ordered, then the child maintenance order will be offset by the amount of the judgment awarded in the civil action.

    ON FEBRUARY 28, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1834, AS AMENDED.

    AMENDMENT #1 increases, from 3 to 10 working days after receipt, the time within which the clerk must remit payments to the surviving parent or guardian under this bill.

    ON APRIL 20, 2022, THE SENATE SUBSTITUTED HOUSE BILL 1834 FOR SENATE BILL 2103, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1834, AS AMENDED.

    AMENDMENT #2 incorporates the provisions of House Amendment #1 and changes the short title of this bill from "Bentley's Law" to "Ethan's, Hailey's, and Bentley's Law".

  • FiscalNote for HB1834/SB2103 filed under HB1834

  • House Floor and Committee Votes

    HB1834 by Hall - FLOOR VOTE: MESSAGE CALENDAR CONCUR IN SENATE AMENDMENT # 2 4/25/2022
    Passed
              Ayes...............................................93
              Noes................................................0

              Representatives voting aye were: Alexander, Baum, Beck, Boyd, Bricken, Byrd, Calfee, Campbell S, Camper, Carr, Carringer, Casada, Cepicky, Chism, Clemmons, Cochran, Cooper, Crawford, Curcio, Darby, Dixie, Doggett, Eldridge, Faison, Farmer, Freeman, Gant, Garrett, Grills, Hakeem, Hall, Hardaway, Harris, Haston, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Hodges, Holsclaw, Howell, Hulsey, Hurt, Jernigan, Johnson C, Johnson G, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Love, Lynn, Mannis, Marsh, Martin, McKenzie, Miller, Mitchell, Moody, Moon, Ogles, Parkinson, Powell, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Shaw, Sherrell, Sparks, Stewart, Terry, Thompson, Todd, Towns, Vaughan, Vital, Warner, Weaver, White, Whitson, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 93.

    HB1834 by Hall - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 2/28/2022
    Passed
              Ayes...............................................93
              Noes................................................0

              Representatives voting aye were: Alexander, Baum, Beck, Boyd, Bricken, Byrd, Campbell S, Carringer, Cepicky, Chism, Clemmons, Cochran, Cooper, Crawford, Curcio, Darby, Dixie, Doggett, Eldridge, Faison, Farmer, Freeman, Gant, Garrett, Gillespie, Griffey, Grills, Hakeem, Halford, Hall, Hardaway, Harris, Haston, Hawk, Hazlewood, Helton, Hicks G, Hodges, Holsclaw, Howell, Hurt, Jernigan, Johnson C, Johnson G, Keisling, Kumar, Lafferty, Lamar, Lamberth, Leatherwood, Littleton, Love, Lynn, Mannis, Marsh, McKenzie, Miller, Mitchell, Moody, Moon, Ogles, Parkinson, Potts, Powell, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Shaw, Sherrell, Smith, Sparks, Stewart, Terry, Thompson, Todd, Towns, Travis, Vaughan, Vital, Warner, Weaver, White, Whitson, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 93.

              HB1834 by Hall - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 2/28/2022 2/24/2022
              Voice Vote - Ayes Prevail

              HB1834 by Hall - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 2/16/2022
              Voice Vote - Ayes Prevail

              HB1834 by Hall - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Criminal Justice Committee 2/9/2022
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1834

    HB1834 by Hall - FLOOR VOTE: as Amended Third Consideration 4/20/2022
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Akbari, Bailey, Bell, Bowling, Briggs, Campbell, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Kelsey, Kyle, Lamar, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 32.

    SB2103 by Bell - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 0 4/6/2022
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Bell, Gardenhire, Kyle, Lundberg, Roberts, Rose, Stevens, White -- 8.