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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[–] [email protected] 294 points 11 months ago (12 children)

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

[–] [email protected] 107 points 11 months ago (7 children)

This just seems like theater. What if you disable the parents such that they can't support their kid? You slip through?

[–] [email protected] 121 points 11 months ago (6 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?

[–] [email protected] 106 points 11 months ago (2 children)

A cynical person might even say this is an attempt by the state and insurance companies to justify not having any sort of security net for victims' families. If one person can be held financially responsible for the kids, why should anyone else have to step in?

[–] [email protected] 52 points 11 months ago (1 children)

That is exactly what it is, aimed at drunk drivers first because everyone will be on board with that demographic first. Then it will be expanded over time.

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[–] [email protected] 45 points 11 months ago (2 children)

Also, why just drunk driving? Why not you pay child support for murder?

[–] [email protected] 32 points 11 months ago (7 children)

Because if you get convicted of murder, you go to jail for a long period of time and never really make much money again, even if you get out.

Their child support payments would be like 16.53 per month.

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[–] [email protected] 29 points 11 months ago (6 children)

Moving from A to B can still be a good thing to do, even if there are some remaining problems at B.

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[–] [email protected] 112 points 11 months ago (4 children)

Really, shouldn’t this apply to all manslaughter and murder cases?

[–] [email protected] 70 points 11 months ago (3 children)

Totally. But the US is obsessed with punishment rather than reparations.

[–] [email protected] 16 points 11 months ago

More like obsessed with superficiality

[–] [email protected] 16 points 11 months ago

And rehabilitation

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[–] [email protected] 99 points 11 months ago (11 children)

you know what prevents drunk driving? proper public transit

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[–] [email protected] 93 points 11 months ago (1 children)

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

[–] [email protected] 29 points 11 months ago

It's new law day here in Texas. Typically because of the weird way our state works, laws passed in the once every other year legislature only becomes effective on September 1st of that year.

So good stuff like this, the tampon tax thing, etc yes it's all good headline news.

But the vile, anti queer, christostate nonsense goes live now too.

[–] [email protected] 76 points 11 months ago (54 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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[–] [email protected] 65 points 11 months ago (3 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.

[–] [email protected] 38 points 11 months ago* (last edited 11 months ago) (5 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.

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[–] [email protected] 30 points 11 months ago (14 children)

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

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[–] [email protected] 23 points 11 months ago

This creates an incentive to let high earners:wealthy people :off the hook for jail time since they will have to earn money to pay for the support. This of course won’t apply to lower earners which will go to jail.

[–] [email protected] 53 points 11 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.

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[–] [email protected] 48 points 11 months ago (7 children)

Turning jail time into spending money looks a lot like fines being a cost of business. A CEO of a big company could just kill a child's parents and not even feel the sting, as long as he's drunk and his weapon is his car.

[–] [email protected] 21 points 11 months ago (4 children)

Bold of you to assume the CEO would be convicted

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[–] [email protected] 45 points 11 months ago (10 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.

[–] [email protected] 30 points 11 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

[–] [email protected] 18 points 11 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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[–] [email protected] 31 points 11 months ago

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

[–] [email protected] 30 points 11 months ago

Fuck drunk drivers

[–] [email protected] 30 points 11 months ago* (last edited 11 months ago) (7 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 we currently use.

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[–] [email protected] 29 points 11 months ago (4 children)

Or until the child graduates from high school, "whichever is later."

So don't graduate and get paid for life?

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[–] [email protected] 28 points 11 months ago (4 children)

Just know, all humans are terrible drivers (myself included). A drunk driver is like putting a toddler being the wheel.

We need better public transit. Period. Get cars out of human hands.

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[–] [email protected] 25 points 11 months ago (6 children)

I’ll always be in favor of heavily penalizing drunk driving and improving enforcement to dissuade people from drunk driving.

That said, it would be nice if we could take a page out of the books of other countries where children and parents don’t have to rely on child support to ensure children get the means necessary to survive.

The current system furthers this game of hot potato which leads to children having a poor relationship with one of their parents and growing up in poverty, all in the name “personal responsibility” and “muh tax payer moneys” while children end up being collateral damage.

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[–] [email protected] 24 points 11 months ago (5 children)

Serious question, how do they do that, while in prison with no residual income? And if they were already near broke, how does this work?

[–] [email protected] 28 points 11 months ago (2 children)

I would like for someone to try and get corporations to pay child support when one of their workers dies from neglectful maintenance or dangerous policies.

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[–] [email protected] 23 points 11 months ago (1 children)

Correction, this is Texas, so you'll have to pay if you're poor or not right wing politically connected. If you can afford proper counsel, you won't.

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[–] [email protected] 23 points 11 months ago (2 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.

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[–] [email protected] 21 points 11 months ago (8 children)

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

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[–] [email protected] 19 points 11 months ago (2 children)

This, unfortunately, makes hit and run the most viable strategy in Texas.

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[–] [email protected] 18 points 11 months ago (3 children)

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

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[–] [email protected] 15 points 11 months ago (3 children)

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

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[–] [email protected] 15 points 11 months ago

makes sense lmao drunk drivers are evil

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