DUIs leading to parent’s death would require child support from driver under Alabama bill

An Alabama Senate committee is considering legislation that would require individuals to support the child of another family if they are convicted of a driving under the influence offense that  resulted in a parent’s death.

The Senate Judiciary Committee delayed action last week on SB 167, sponsored by Sen. Arthur Orr, R-Decatur, would require such support to be paid until the child turns 19.

“The premise is to make sure we take care of the minor children that are left behind if the breadwinner is killed,” Orr said.

He told the committee that the idea from the bill originated from Texas. Orr said he thought to himself, “Well, if it will prevent DUIs (driving under the influence), to know how serious we are about it.”

The penalty would be in addition to other restitution that an individual who is convicted of the crime would owe.

A death resulting from a person operating a motor vehicle or vessel while intoxicated is considered criminally negligent homicide under Alabama law, a Class C felony punishable by up to 10 years in prison.

Language in the bill states that the court may consider the financial needs and resources of the surviving children as well as the parent or guardian, or the state of Alabama if no one else is available to care for the children.

Other factors the court could consider include the standard of living of the family, the physical and emotional needs of the children as well as educational considerations.

“The reasonable work-related child care expenses of the surviving parent or guardian,” the bill states.

Orr also proposed an amendment to the legislation stating that the penalty is separate from any civil penalties that a court may impose in the case because of wrongful death, which could add to the financial burden of those who are convicted.

Sen. Greg Albritton, R-Atmore, had concerns that the penalty could effectively require the person convicted of the parent’s death to have a relationship with the family whose loved one was killed.

“I don’t know if we want to go that route,” he said to the committee. “I can see creative lawyers using that in that way.”

Albritton also said he was concerned about the broader impact the legislation has on the community.

“What about the guy who does this, and he has a family of his own?” Albritton said. “We are not only punishing the individual, but we are also taking, and affecting more people, for the act of an individual. I think we need to be cautious of this.”

Sen. Vivian Davis Figures, D-Mobile, asked the committee to consider the situation when a parent loses a child because a person is driving under the influence of drugs and alcohol.

“If we are going to do something like this, I think we need to consider all cases when things happen by someone,” she said.

After hearing all the arguments, Orr withdrew his proposed amendment and requested that a vote be delayed.