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New State Law Requires Drunk Drivers Who Kill Parents Of Children To Pay Child Support

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A new law in Texas will require convicted drunk drivers whose road antics have led to the death of a parent or guardian to financially support the children left behind.

House Bill 393, which went into effect Friday, requires that those convicted of intoxication manslaughter must “pay restitution for a child whose parent or guardian was a victim of the offense.” The amount paid to the child would be determined by the court and would be paid out on a monthly basis “until the child reaches 18 years of age or has graduated from high school, whichever is later.”

Intoxication manslaughter, as defined by the state, occurs when 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.”


Republican Texas Gov. Greg Abbott stated upon signing the bill in July that the deaths of parents caused by a drunk driver are “especially heinous” stating that he was “proud” to sign legislation to hold such drivers more accountable to their victims. (RELATED: Father Joins Son As He Heads To College. Repeat Drunk Driving Offender Kills Them Both, According To Police)

Kory Saldana’s wife was killed by a drunk driver in 2017, leaving him with the sole care of their two-year-old son, Ezra, who was also injured in the accident. “[The drunk driver] was going 80 miles an hour and sadly he killed [my wife] instantly,” Saldana told KRIS TV.  “My son did die at the scene but they brought [him] back to life; however, he did suffer a traumatic brain injury,” Saldana revealed.

Even though Saldana does not qualify for restitution given that his wife was killed in 2017, he told the outlet that receiving assistance could have helped him raise his son and pay for Ezra’s medical treatments that were required as a result of the accident.

“There are so many things that we have to go through as victims for our families and so of course I feel like this might not be the perfect situation, it’s never going to please everybody, but this is a really good step in that direction,” Saldana told the outlet.