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.”

    • Bipta@kbin.social
      link
      fedilink
      arrow-up
      118
      arrow-down
      10
      ·
      1 year ago

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

      • gravalicious@lemmy.world
        link
        fedilink
        English
        arrow-up
        125
        arrow-down
        3
        ·
        1 year ago

        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?

        • radix@lemmy.world
          link
          fedilink
          English
          arrow-up
          111
          arrow-down
          3
          ·
          1 year ago

          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?

          • snooggums@kbin.social
            link
            fedilink
            arrow-up
            54
            arrow-down
            2
            ·
            1 year ago

            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.

            • radix@lemmy.world
              link
              fedilink
              English
              arrow-up
              14
              ·
              1 year ago

              The trouble with fighting for human freedom is that one spends most of one’s time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all. – H.L. Mencken

        • bobman@unilem.org
          link
          fedilink
          arrow-up
          5
          arrow-down
          17
          ·
          1 year ago

          How are they making money to pay for child support?

          Doesn’t matter. Seize their assets and auction them off. Use the proceeds to fund the reparations.

          It’s not that difficult to think of solutions if you, you know, want to.

            • bobman@unilem.org
              link
              fedilink
              arrow-up
              2
              arrow-down
              7
              ·
              edit-2
              1 year ago

              So… even if they have assets we shouldn’t seize them because… what?

              Some people might not?

          • caffinatedone@lemmy.world
            link
            fedilink
            English
            arrow-up
            2
            arrow-down
            1
            ·
            1 year ago

            So, if they have a family and kids, I guess they’re on the street now? The parent involved is likely going to prison, so they’re not going to be able to provide support. This is “tough on crime” theater that would likely do nothing but cause more harm.

            • bobman@unilem.org
              link
              fedilink
              arrow-up
              1
              arrow-down
              1
              ·
              1 year ago

              What do you mean? Do you expect the kids to just take care of themselves while their caretaker is in prison?

              Lol. Come on man. Use your brain.

        • flipht@kbin.social
          link
          fedilink
          arrow-up
          33
          arrow-down
          1
          ·
          1 year ago

          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.

            • flambonkscious@sh.itjust.works
              link
              fedilink
              English
              arrow-up
              1
              ·
              1 year ago

              Touché. Maybe to bring it back into the realms of ‘worth keeping’, it could be means-tested (so of you have assets then this stands and you gotta liquefy that wealth, but if you’re essentially unable to pay its recognized as a barrier to rehabilitation?)

              I’m being incredibly naive here, I know…

          • bobman@unilem.org
            link
            fedilink
            arrow-up
            1
            arrow-down
            14
            ·
            1 year ago

            Doesn’t matter. Seize their assets and auction them off. Use the proceeds to fund the reparations.

            • LifeInMultipleChoice@lemmy.world
              link
              fedilink
              arrow-up
              4
              arrow-down
              2
              ·
              edit-2
              1 year ago

              Person has a bad day after losing their job or some other real life event like losing their mother. Accidentally runs a red light and kills someone. Officer says they were drunk. Breathilizer says 0.0 and person says they were sober. Poof. They go to prison, and you are now asking someone to go to their house, sieze all their assets and throw their children and spouse out into homelessness because of an accident that involved one of the MANY incidents that occur where people get charged with DUI/DWI without being intoxicated.

              • bobman@unilem.org
                link
                fedilink
                arrow-up
                3
                arrow-down
                7
                ·
                edit-2
                1 year ago

                I think you’re manufacturing fantastical situations because you want to agree with the crowd.

                Gonna block you now. That was a bunch of gibberish.

                • LifeInMultipleChoice@lemmy.world
                  link
                  fedilink
                  arrow-up
                  4
                  arrow-down
                  1
                  ·
                  1 year ago

                  Go live in your manufactured world that cops are dealing out fair and unbias judgement against citizens. If you need me to show you where it says they are allowed to give you a dui without you failing a breathilizer/ blood test I can

        • bluGill@kbin.social
          link
          fedilink
          arrow-up
          6
          arrow-down
          1
          ·
          1 year ago

          Murder is not near the problem of driving. Few people murder, but many have accidents.

      • mo_ztt ✅@lemmy.world
        link
        fedilink
        English
        arrow-up
        29
        ·
        1 year ago

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

        • bhmnscmm@lemmy.world
          link
          fedilink
          arrow-up
          8
          arrow-down
          2
          ·
          1 year ago

          You’re completely right. People just want to keep their blinders on and hate on this because it’s Texas. They don’t want to think critically and acknowledge a state that often does the wrong thing can also do the right thing.

          I guarantee there wouldn’t be as many critical comments if this were New York or California.

          • some_guy@lemmy.sdf.org
            link
            fedilink
            English
            arrow-up
            2
            ·
            1 year ago

            I fucking hate Texas and I came here to support this move. (Most) People are less shitty than you suggest.

            • bhmnscmm@lemmy.world
              link
              fedilink
              arrow-up
              1
              ·
              1 year ago

              Yeah, you’re right. It’s just disheartening how many people view this as a bad thing even though it’s clearly a step in the right direction.

              I’m sure the people that are against this are much more likely to voice their opinions than those that support it.

        • Thewheeeeeeeeeel@lemmy.world
          link
          fedilink
          arrow-up
          3
          arrow-down
          1
          ·
          1 year ago

          In your metaphor b is closer to c than a so it’s a good thing. But if b is on a one way street to a cliff it doesn’t make it a good thing to drive there.

      • Pwrupdude@lemmy.world
        link
        fedilink
        arrow-up
        8
        ·
        1 year ago

        If someone is unable to pay the restitution because they’re incarcerated, they’re expected to make payments no “later than the first anniversary of the date,” of their release, the law says.

        From the article. So seems like they thought of that too

        • Thewheeeeeeeeeel@lemmy.world
          link
          fedilink
          arrow-up
          4
          ·
          1 year ago

          So how long do you get for manslaughter in the us? 8 years? So at best the child gets support like 9 years later and only if the person manages to get a good enough job… Maybe the life of a child shouldn’t be a lottery but just backed by the state

          • Cypher@lemmy.world
            link
            fedilink
            arrow-up
            1
            ·
            1 year ago

            So you’re saying that people can just ignore debt imposed and tracked by the government?

    • WashedOver@lemmy.ca
      link
      fedilink
      arrow-up
      1
      ·
      1 year ago

      Seems like they have come along way since the grousing about the laws in the 80s coming into effect to ban a hard working person from enjoying a couple on the way home from work…

      https://youtube.com/shorts/BVk-_xhccK4?si=aMU_vedYJAYnKg0y

      Mix this in with the freeway speed limits are 80MPH on the highway in. Texas and often 65 for work zones on the smaller 2 lane highways. One can’t even go that fast on the I5 in Oregon with the Max being only 60 mph without construction delays. Can’t imagine adding a couple of drinks into the mix on the way home from a 12 hour day…

    • Fisk400@feddit.nu
      link
      fedilink
      arrow-up
      11
      arrow-down
      14
      ·
      1 year ago

      They did something that wasn’t evil, just stupid. I guess that is a win for texas. There are already systems to make people pay damages to other people without having the child go trough the indignity of getting child support from a murderer.

      • bhmnscmm@lemmy.world
        link
        fedilink
        arrow-up
        19
        arrow-down
        3
        ·
        1 year ago

        Indignity of receiving child support? Are you kidding?

        We’re talking about a child/children’s parent being killed, and you think it’s somehow unjust that they’re receiving the smallest amount of financial restitution from the person who killed them. I’d love to hear you explain how this is somehow stupid or insulting to a single parent and the surviving children.

        • Fisk400@feddit.nu
          link
          fedilink
          arrow-up
          7
          arrow-down
          4
          ·
          1 year ago

          All the words in my comment are important and you seem to have cut out a large part of them like some kind of weird ransome note.

          I said that damages, that means the same as financial restitution, should be and is payed out in these kinds of cases. There is already a legal framework for that and it doesn’t involve child support like the drunk driver is the kids new dad. It is a gross way of looking at it and if it is truly child support like child support is handled then they have suddenly introduced a criminal aspect to a system that doesn’t normally interface with the justice system.

          • bhmnscmm@lemmy.world
            link
            fedilink
            arrow-up
            4
            arrow-down
            3
            ·
            1 year ago

            I am not going to oppose anything that gets more support to single parents and children who lose a parent.

            Being opposed to this because of what it’s called is a ridiculously short sighted view to take. I don’t care what this is called, but it is not gross, and it is not stupid.

        • Throwaway@lemm.ee
          link
          fedilink
          arrow-up
          5
          arrow-down
          5
          ·
          1 year ago

          It’s a disease related to America Bad Syndrome, called “Texas Bad Syndrome”

          To the afflicted, nothing Texas does is good.

          • Grimy@lemmy.world
            link
            fedilink
            arrow-up
            8
            arrow-down
            1
            ·
            1 year ago

            Bro, it’s a habit that was instilled in us by Texas literally always doing the bad thing.

            I’d have trouble believing I saw a unicorn if it ran by me too.

    • 3laws@lemmy.world
      link
      fedilink
      arrow-up
      73
      arrow-down
      3
      ·
      1 year ago

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

      • terwn43lp@lemmy.world
        link
        fedilink
        arrow-up
        8
        arrow-down
        1
        ·
        edit-2
        1 year ago

        it’s all theatre, take something people love (children, mothers) & something people hate (criminals), now they can justify passing any legislation & continue expanding their control over time without fixing the underlying issues like lack of public transportation. but hey, guns are legal…FOR THE CHILDREN!

    • afraid_of_zombies@lemmy.world
      link
      fedilink
      arrow-up
      5
      ·
      1 year ago

      Maybe. You would basically be created a two-tiered system of punishment. If you kill me you have to pay for my kids, if you kill someone childless you don’t pay.

      I am not sure what the repercussions of that would be.

    • LifeInMultipleChoice@lemmy.world
      link
      fedilink
      arrow-up
      1
      ·
      1 year ago

      Should, yes. Does it already exist, yes. It can just be time consuming. Kill one parent surviving parent or guardian or state placed guardian is then supposed to go to civil court and a judge will rule the person pays support. Some would say that is costly but the court fees will end up having to be paid by the person the judge rules against. (Which many attorneys will pick up pro bono because no judge is going to rule that killing a parent(s) didnt cause at LEAST financial/ impact on the child/family.

    • fatalicus@lemmy.world
      link
      fedilink
      arrow-up
      14
      arrow-down
      7
      ·
      1 year ago

      From a country with proper public transport here (Norway): people still drive drunk with that, so having some proper punishment won’t hurt you.

      • Viking_Hippie@lemmy.world
        link
        fedilink
        arrow-up
        26
        ·
        1 year ago

        Much FEWER people driving drunk, though, which is the point. Just because the solution doesn’t take the problem from 100 to 0 doesn’t mean that taking it to 20 or whatever isn’t beneficial.

        Also, “having some proper punishment won’t hurt you” is ridiculously wrong, based on the US having one of if not THE most punitive “justice” system and amongst the highest rates of crime of all western countries.

        Prevention and restorative justice works MUCH better at decreasing crime than revenge-based punishment.

        • AngryCommieKender@lemmy.world
          link
          fedilink
          arrow-up
          5
          ·
          edit-2
          1 year ago

          The highest incarceration and punishment rate in the world. If you went by the statistics, Americans are, “apparently,” 4.3 times more likely to be criminals than Chinese citizens, and it just gets worse from there, as every other country in the world has even fewer people incarcerated per 100,000 people.

          Our punishment system is broken.

      • noyou@lemm.ee
        link
        fedilink
        arrow-up
        16
        ·
        1 year ago

        There’s also shootings in Norway. The key difference is frequency

      • DreamButt@lemmy.world
        link
        fedilink
        English
        arrow-up
        42
        arrow-down
        2
        ·
        1 year ago

        Fixing issues on the individual level is exactly why america is the way it is. Systems solutions exist

        • SpezBroughtMeHere@lemmy.world
          link
          fedilink
          arrow-up
          1
          arrow-down
          1
          ·
          1 year ago

          Source of what? Drunk driving? That would probably be the individual, who knowing that the only mode of transportation for the night is to drive themselves and still decided to drink and then drive. Is that specific enough for you or are you still struggling with the concept?

    • ⛈️TlarTheStorm ⛈️@lemmy.world
      link
      fedilink
      arrow-up
      30
      arrow-down
      1
      ·
      1 year 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.

  • wishthane@lemmy.world
    link
    fedilink
    arrow-up
    91
    arrow-down
    15
    ·
    1 year ago

    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.

    • afraid_of_zombies@lemmy.world
      link
      fedilink
      arrow-up
      11
      arrow-down
      5
      ·
      1 year ago

      Could take a Uber/Lyft.

      I deal with this issue, the big bus station and my house are divided by a highway. So me and my buddies go out it either has to be very local or I have to take a rideshare for a five minute drive home.

    • NightAuthor@lemmy.world
      link
      fedilink
      English
      arrow-up
      12
      arrow-down
      18
      ·
      edit-2
      1 year ago

      This honestly reads like a defense of drunk driving, blaming the lack of infrastructure for bad decision.

      Edit: or something very close to that.

      But if you’re just saying we should design around stupid, then I guess I can agree there.

    • tenextrathrills@lemmynsfw.com
      link
      fedilink
      English
      arrow-up
      21
      arrow-down
      27
      ·
      1 year ago

      If only there was something to do besides getting drunk. Or if only there was a way to stop drinking before you get hammered.

      Car dependent infrastructure has very little to do with people making bad decisions. Getting drunk shouldn’t be a given.

      • wishthane@lemmy.world
        link
        fedilink
        arrow-up
        15
        arrow-down
        1
        ·
        1 year ago

        People can enjoy a drink responsibly, but you shouldn’t drive even if you’ve only had a couple of drinks. Even a small amount of impairment is unacceptable when you’re controlling a machine that could easily kill other people by mistake.

        • NightAuthor@lemmy.world
          link
          fedilink
          English
          arrow-up
          8
          arrow-down
          2
          ·
          1 year ago

          I’d argue anyone drinking and getting behind the wheel is making a conscious enough decision to make it murder. And I hope that more cases end up going that route of prosecution

          • SheeEttin@lemmy.world
            link
            fedilink
            English
            arrow-up
            7
            ·
            1 year ago

            That’s an interesting take, that going drinking without a plan to get home without driving drunk would considered premeditation. I don’t think I agree with it exactly, but it certainly should be an enhancement to manslaughter.

            • NightAuthor@lemmy.world
              link
              fedilink
              English
              arrow-up
              3
              ·
              1 year ago

              There’s actually precedent, like they’ve actually convicted someone of murder for drunk driving before. Maybe a few times, but I’m sure it’s exceedingly rare.

          • RazorsLedge@lemmy.world
            link
            fedilink
            arrow-up
            5
            arrow-down
            3
            ·
            1 year ago

            A little philosophical, but the drunk person who decides to drive is a different person than the sober person who decided to drink in the first place. Punishing the sober person for the decisions made by the drunk version of themselves is maybe misguided, except for as a deterrent that says “don’t turn into a drunk person that can make stupid decisions”

            I’m not sure what the right answer is to this problem. Just some food for thought

            • tenextrathrills@lemmynsfw.com
              link
              fedilink
              English
              arrow-up
              1
              ·
              1 year ago

              That’s just about the least convincing take I’ve ever heard. You can absolutely punish the person who made the decision to impair themselves beyond the ability to make rational decisions. They came from the same decision to get drunk by the sober person. A person who has a propensity to get drunk and drive is a danger to everyone and needs to be dealt with accordingly.

              • RazorsLedge@lemmy.world
                link
                fedilink
                arrow-up
                1
                ·
                edit-2
                1 year ago

                I think you missed my point. My point is that the crime the sober person makes is deciding to become impaired. That’s different from saying the sober person made a decision to drive drunk - the drunk person made that decision, not the sober person. There are 2 different people here in this scenario. Whether the law should treat it that way is a separate discussion. It would have some similarities with a “temporary insanity” defense.

                • tenextrathrills@lemmynsfw.com
                  link
                  fedilink
                  English
                  arrow-up
                  1
                  arrow-down
                  1
                  ·
                  edit-2
                  1 year ago

                  I did not miss your point. I thought it was entirely unconvincing. The other person is the same person just with the disadvantage of being fucked up.

                  Edit. Furthermore, I believe that the drunk self is just an amplified version of the sober self. My theory is that if your drunk self is capable of doing bad, so is your sober self.

            • NightAuthor@lemmy.world
              link
              fedilink
              English
              arrow-up
              3
              arrow-down
              3
              ·
              1 year ago

              I’ve thought about that before, personally, drunk driving is SO UNTHINKABLE to me, it’s never even occurred to me at any level of drunk. All the way down to near blackout drunk.

              If the thought of killing someone doesn’t deter you that much, then maybe definitely ruining the rest of your life will have that effect. And if you really can’t trust your drunk self, if drunk you is so much more stupid, then yeah, society needs to scare you out of drinking in the first place.

              • atempuser23@lemmy.world
                link
                fedilink
                English
                arrow-up
                5
                ·
                1 year ago

                The crux of the issue is they think they won’t hurt anyone. They give 0 thought to the idea they would hurt some. That’s how this happens. Any person who thinks they might hurt someone won’t drive. They gain false confidence by drive many times without incident.

                I don’t think a single drink drive ever considered that they would hurt some or get hurt.

                • wishthane@lemmy.world
                  link
                  fedilink
                  arrow-up
                  1
                  ·
                  1 year ago

                  Yeah, exactly. It’s the same reason why punishment is only a deterrent to crime to certain extent, and it doesn’t work absolutely.

                  You could make the punishment for shoplifting be summary execution, and it would still happen on a regular basis. Because people think they won’t get caught, even with evidence of lots of people having been caught before.

        • Dark Arc@social.packetloss.gg
          link
          fedilink
          English
          arrow-up
          2
          ·
          edit-2
          1 year ago

          I don’t drink, but I’ve known plenty of people that can have a potent margarita, hangout for an hour or two, and then hop on one foot or do a cartwheel just fine.

          I have serious doubts those folks are any more of a danger to anyone than the average driver or the average tired or emotional driver.

          I guess what I’m saying is… it’s idealistic to never be impaired and always be at 100% but there’s a tolerable amount of impairment where realistically it’s not going to have an impact, and I think the law takes that into account appropriately as is; so as to say driving after a drink is not the same thing as driving while drunk. It’s not the folks genuinely having one or two, it’s the folks that had “one or two” (12) barely made it to their car and then went down the road.

          • wishthane@lemmy.world
            link
            fedilink
            arrow-up
            1
            ·
            1 year ago

            I have serious doubts those folks are any more of a danger to anyone than the average driver or the average tired or emotional driver.

            I think I agree with that except that I think that that is equally a problem. I don’t think people should be trusted to drive, en masse, out of necessity. There are too many things that make it dangerous when people really don’t have a lot of choice in the matter, and may have to drive when they’re not actually feeling up to it.

            • Dark Arc@social.packetloss.gg
              link
              fedilink
              English
              arrow-up
              2
              ·
              edit-2
              1 year ago

              That’s valid. There are definitely a lot of people I bump into that I go “man how did that person get a license!?” Granted, everybody makes mistakes.

              We really need to crack down on tailgating in the US though, it’s out of control. It doesn’t get you anywhere faster and it ensures everyone on the road is less safe.

              • wishthane@lemmy.world
                link
                fedilink
                arrow-up
                1
                ·
                edit-2
                1 year ago

                There’s something about driving that innately dehumanizes - I swear I’ve actually seen studies about this. When people are behind the wheel, they don’t relate to the world around them as personally, empathy kind of disappears, it all becomes something like a game, and everything between them and their destination is just an obstacle to be overcome.

        • tenextrathrills@lemmynsfw.com
          link
          fedilink
          English
          arrow-up
          2
          arrow-down
          2
          ·
          edit-2
          1 year ago

          Yes, I agree people are allowed to do absolutely idiotic things without consequences.

          Drinking is a personal choice. Getting drunk affects more than yourself.

        • NightAuthor@lemmy.world
          link
          fedilink
          English
          arrow-up
          3
          arrow-down
          5
          ·
          1 year ago

          Yeah, people should have the right to choose to drink, and then choose to drive, and “accidentally” kill someone.

          • afraid_of_zombies@lemmy.world
            link
            fedilink
            arrow-up
            8
            arrow-down
            1
            ·
            1 year ago

            That isn’t what I said and you know it. Drinking is not something a person should have to justify to anyone but themselves. This is not an endorsement of drunk driving and no one assuming good faith would have assumed I was making one.

            You have a right to put a chemical into your own body. It only becomes an issue for those around you when A leads to B and B is other people either getting hurt or very nearly getting hurt.

            • NightAuthor@lemmy.world
              link
              fedilink
              English
              arrow-up
              3
              arrow-down
              3
              ·
              1 year ago

              Well, I didn’t get what you were saying. In this context, I don’t why tf anyone is even talking about infrastructure.

              And then your statement seemed like a non sequitur. So, I was just saying what my read of your statement was.

              I don’t think people normally say things like what I said, legitimately accusing the other of saying that. But as a hyperbolic expression, for the sake of highlighting a misunderstanding.

        • wishthane@lemmy.world
          link
          fedilink
          arrow-up
          1
          ·
          1 year ago

          Yeah. “One more lane” is something that a lot of people unironically think, it’s not just a meme, so trying to ensure that everybody knows how silly that is and how much harm it causes is one of the main ways that that line of thinking can be destroyed

  • afraid_of_zombies@lemmy.world
    link
    fedilink
    arrow-up
    65
    ·
    1 year ago

    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.

    • PickTheStick@ttrpg.network
      link
      fedilink
      arrow-up
      38
      ·
      edit-2
      1 year ago

      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.

    • lntl@lemmy.ml
      link
      fedilink
      arrow-up
      36
      arrow-down
      6
      ·
      1 year ago

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

      • aidan@lemmy.world
        link
        fedilink
        arrow-up
        7
        arrow-down
        6
        ·
        1 year ago

        Vehicular manslaughter !== Killing someone by drunk driving. Drunk driving is clear negligence, hitting someone entirely on accident shouldn’t ruin two lives. In those articles it doesn’t say anything about the driver being drunk

          • aidan@lemmy.world
            link
            fedilink
            arrow-up
            2
            arrow-down
            1
            ·
            1 year ago

            Yes for drunk driving- I agree. My issue is saying that someones life being ruined if they weren’t impaired and made what was a genuine mistake.

          • aidan@lemmy.world
            link
            fedilink
            arrow-up
            3
            ·
            1 year ago

            This guy was on drugs and frustrated because a “slow driver” ahead of him.

            Ah ok than should do jail time.

            • lntl@lemmy.ml
              link
              fedilink
              arrow-up
              1
              ·
              1 year ago

              i 100% agree with you and 200% disagree with the judge and legal system who let him walk

        • Skates@feddit.nl
          link
          fedilink
          arrow-up
          3
          arrow-down
          5
          ·
          edit-2
          1 year ago

          hitting someone entirely on accident shouldn’t ruin two lives.

          Why? Was the victim entirely innocent? Did it result in permanent injury or death of the victim(s)? Would it have been less dangerous if the one who produced the accident did not drive a car? Was the driver incapacitated by alcohol/drugs/anything else? If the answer to ANY of those is “yes”, then it should very fucking well ruin two lives. And if the driver had a license, the entire system that granted them the responsibility of handling a few tons of metal should be considered accomplices until they can fucking prove otherwise.

          Or at least have the decency to let the victim’s family decide, don’t take it upon yourself to just casually forgive a mistake if it had no impact on you.

          • aidan@lemmy.world
            link
            fedilink
            arrow-up
            4
            arrow-down
            2
            ·
            1 year ago

            Or at least have the decency to let the victim’s family decide, don’t take it upon yourself to just casually forgive a mistake if it had no impact on you.

            No? If you robbed me I shouldn’t be able to decide your sentence.

            Why? Was the victim entirely innocent? Did it result in permanent injury or death of the victim(s)? Would it have been less dangerous if the one who produced the accident did not drive a car? Was the driver incapacitated by alcohol/drugs/anything else? If the answer to ANY of those is “yes”

            I strongly disagree with that, it is unfair to expect people to be infallible, obviously being under the influence is easy to avoid, and so is negligent. But say a mom’s driving and one of her kids stands up and starts doing something distracting just as a cyclist blows through a stop sign? Or one of many million more possible scenarios.

          • Surreal@programming.dev
            link
            fedilink
            arrow-up
            3
            arrow-down
            1
            ·
            1 year ago

            So if a person runs and appears out of nowhere in front of a moving car and it results in them being hit, the driver’s life should be ruined? It’s called accident for a reason, nobody wanted it.

            • noreason@lemmy.world
              link
              fedilink
              arrow-up
              3
              arrow-down
              1
              ·
              1 year ago

              Yeah, I can’t count the number of times I’ve seen a cyclist blow through a stop sign onto through an intersection where one road doesn’t have a stop sign.

              • BilboBargains@lemmy.world
                link
                fedilink
                arrow-up
                2
                arrow-down
                1
                ·
                1 year ago

                It’s one of the many benefits of cycling. You get perfect visibility of the driver’s anguished expression while they wait in traffic. Unfortunately, the cyclist pays the ultimate price when the driver makes a mistake like having one too many drinky poos at the office party and getting behind the wheel.

    • atempuser23@lemmy.world
      link
      fedilink
      English
      arrow-up
      26
      arrow-down
      3
      ·
      1 year 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.

  • Alien Nathan Edward@lemm.ee
    link
    fedilink
    arrow-up
    55
    arrow-down
    2
    ·
    1 year ago

    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.

    • PM_ME_FEET_PICS@sh.itjust.works
      link
      fedilink
      arrow-up
      13
      arrow-down
      1
      ·
      1 year ago

      This is what I was thinking as well. Or they are going to garnish the wage of prison pay so the child is only going to recieve very little.

    • what_is_a_name@lemmy.world
      link
      fedilink
      arrow-up
      8
      ·
      1 year ago

      Precisely. Nothing in Texas is supposed to work as advertised. This is to further hunt poor people. Ideally brown ones. Glad I left that rotten state.

  • Jeanschyso@lemmy.world
    link
    fedilink
    arrow-up
    52
    arrow-down
    4
    ·
    1 year ago

    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.

      • douglasg14b@lemmy.world
        link
        fedilink
        arrow-up
        15
        ·
        edit-2
        1 year ago

        Or any rich kid:

        testified in court that the teen was a product of “affluenza” and was unable to link his actions with consequences because of his parents teaching him that wealth buys privilege

        He only killed 4 people while drunk driving 乁⁠ ⁠˘⁠ ⁠o⁠ ⁠˘⁠ ⁠ㄏ

        https://en.m.wikipedia.org/wiki/Ethan_Couch

        He got a slap on the wrist with rehabilitation. He was only actually convicted for 2 years because he habitually broke his probation.

        In Texas!


        This is just an example, not really here to make outrage out of it, old news, but a typical example that money usually softens any blow.

        • Mossy Feathers (She/They)@pawb.social
          link
          fedilink
          arrow-up
          3
          ·
          1 year ago

          Iirc most Texans were furious about that. As it turns out, his parents weren’t wrong, money does buy privilege! Sadly, Texas’ political system is so broken that even if every single person turned out to vote, the outcome likely wouldn’t change much.

    • LibertyLizard@slrpnk.net
      link
      fedilink
      arrow-up
      11
      ·
      1 year ago

      It doesn’t seem like this is instead of other punishments, it’s in addition. So this criticism doesn’t really make sense.

    • sparr@lemmy.world
      link
      fedilink
      English
      arrow-up
      6
      ·
      edit-2
      1 year ago

      In many parts of the US, not sure about Texas, child support is based on the parent(s)'(s) income/wealth. The same should apply here, but for the drunk driver’s income/wealth.

      • Jeanschyso@lemmy.world
        link
        fedilink
        arrow-up
        2
        ·
        1 year ago

        The spirit of the law would be to ensure that the change in the money available for the development of the child changes as little as possible after separation of the parents. Under that assumption, the killer would only have to provide as much as the victim would have if they had separated.

        • sparr@lemmy.world
          link
          fedilink
          English
          arrow-up
          1
          ·
          1 year ago

          Why would that be the spirit of the law? If the parent suddenly started making more money, the kid would (probably) have more spent on raising them. Why would that same outcome not apply to the parent’s responsibility being suddenly replaced by person who makes more money?

  • quindraco@lemm.ee
    link
    fedilink
    arrow-up
    52
    arrow-down
    7
    ·
    1 year ago

    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.

    • doggle@lemmy.dbzer0.com
      link
      fedilink
      arrow-up
      30
      ·
      1 year 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

    • 11181514@lemm.ee
      link
      fedilink
      arrow-up
      18
      ·
      1 year ago

      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.

      • Default_Defect@midwest.social
        link
        fedilink
        English
        arrow-up
        3
        ·
        1 year ago

        For some people, prison could be a better alternative to becoming homeless due to an even smaller paycheck. I don’t think the idea of it is as outlandish as you think.

    • I_Fart_Glitter@lemmy.world
      link
      fedilink
      arrow-up
      2
      ·
      1 year ago

      That reminds me of something that may not at all be true (please correct me if I’m wrong) I was told it, many years ago, by a person who lived for a few years in China.

      She said that there was a law there (in the '90s at least) that if you injured someone accidentally to the point that they were disabled, you had to pay their disability as long as they lived (or you die, whichever is first). BUT if you accidentally killed someone (not murdered) then you just had to pay their family a fine.

      The fine was much less than a lifetime of disability payments, so there was incentive, if you accidentally injured someone (especially a child with a lot of years to live) to just go all the way and kill them as long as it could feasibly look like an accident.

      • afraid_of_zombies@lemmy.world
        link
        fedilink
        arrow-up
        4
        ·
        1 year ago

        A classic example of perverse incentives. Same for endangered animals. The most rational self-interest thing you can do is you see some endangered animal on your land is to kill it. Since if the government becomes aware of it you will lose control of your property and it will lose resell value.

        You want to make things such that doing the morally correct, or at least the correct for the greater good, is always the best option for people to choose.

        • SheeEttin@lemmy.world
          link
          fedilink
          English
          arrow-up
          4
          ·
          1 year ago

          This is also an argument against extreme punishment for lesser offenses. For example, if you rape someone, and the penalty is death, might as well kill them too, because it ain’t gonna get any worse for you if you get caught.

    • Overzeetop@lemmy.world
      link
      fedilink
      English
      arrow-up
      6
      arrow-down
      8
      ·
      1 year ago

      What I want to know is if they have to keep paying if the kids never graduate. It’s Texas so it seems like the odds are pretty high you could be paying for some dudes kids until they either get shot in a bar or do a lethal fentanyl hit.

  • Fedizen@lemmy.world
    link
    fedilink
    arrow-up
    33
    arrow-down
    3
    ·
    edit-2
    1 year ago

    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.

    • ColeSloth@discuss.tchncs.de
      link
      fedilink
      arrow-up
      12
      arrow-down
      2
      ·
      1 year ago

      It might be a terrible law if it pushes the burden of paying for a child’s care onto a person going to prison for a while, coming out in debt and without transportation, while being expected to pay for child support while also paying for their time in prison and having to find work as a felon instead of social security and welfare helping.

      Aside from that it also makes no sense. Different punishments for killing different people shouldn’t be a thing. This will 100% be a law that makes sure criminals and felons stay felons and continue to go in for profit prisons while the government ducks out of paying welfare and social security. What a farce.

      • Rambi@lemm.ee
        link
        fedilink
        arrow-up
        3
        arrow-down
        1
        ·
        1 year ago

        I don’t really care in this case, I mean if you chose to risk other people’s lives by drunk driving then who cares if it’s difficult to afford. I honestly think drunk driving is way too tolerated. Also it could also be tied to income, so you pay more if you have a higher income.

        The only issue I can see with this, is if you have killed someone while drunk driving isn’t there going to be a good chance the kid will already have reached adulthood by the time the drunk driver is released? That and this does just seem like a way for the state to avoid financially supporting those families. So for those two reasons the law is flawed I would say

      • phx@lemmy.world
        link
        fedilink
        arrow-up
        3
        arrow-down
        4
        ·
        1 year ago

        It’s not a punishment in this case, it’s a form of restitution to help provide financial security to families that have lost a caretaker/breadwinner.

        • Trainguyrom@reddthat.com
          link
          fedilink
          English
          arrow-up
          2
          ·
          1 year ago

          Restitution is a financial punishment that follows the offender for years and often decades after the fact. Many times offenders on parole or probation are required to remain on probation until restitution is fully repaid, and while on probation/parole it’s extremely easy to have your probation/parole revoked (meaning you get sent straight back to prison, often on fresh charges), plus the requirements for the probation & parole can absolutely violate their rights because “it’s a privilege to be on probation/parole instead of prison”

          This is all not mention the difficulty they have getting work after they leave the prison/jail with a felony conviction. There’s a reason so many ex-cons operate businesses, it’s because it’s often the most viable path to a living income

        • ColeSloth@discuss.tchncs.de
          link
          fedilink
          arrow-up
          2
          ·
          1 year ago

          If you are having to pay out money to no benefit of your own you can try to spin it any way you want. It’s still a punishment.

    • lntl@lemmy.ml
      link
      fedilink
      arrow-up
      7
      arrow-down
      1
      ·
      1 year ago

      these crashes are not “accidents” if infrastructure is designed that way. the design/engineering element make these crashes “features” of the design.

  • brygphilomena@lemmy.world
    link
    fedilink
    arrow-up
    32
    arrow-down
    3
    ·
    1 year ago

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

    So don’t graduate and get paid for life?

  • PunnyName@lemmy.world
    link
    fedilink
    arrow-up
    33
    arrow-down
    5
    ·
    1 year ago

    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.

  • lazyvar@lemmy.world
    link
    fedilink
    English
    arrow-up
    27
    arrow-down
    2
    ·
    1 year ago

    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.

    • afraid_of_zombies@lemmy.world
      link
      fedilink
      arrow-up
      5
      arrow-down
      11
      ·
      edit-2
      1 year ago

      We have WIC, food stamps, free school lunches in most areas based on income, and section 8. It isn’t like there is nothing. It might not be enough, and I agree it probably isn’t, but it isn’t some Dickinsonian nightmare.

      • lazyvar@lemmy.world
        link
        fedilink
        English
        arrow-up
        14
        ·
        1 year ago

        Ah yes, the programs that are so broken that they mainly serve as a cudgel against any form of criticism, rather than actually effectively lift people out of poverty.

        Not to mention that politicians won’t let any opportunity go to waste to try and break down those programs further.

        Don’t take my word for it, look at the child poverty ranking amongst the 34 OECD countries where the US is placed 31st, with 1 of every 5 kids you see growing up in poverty.

        Meanwhile many other countries just plainly periodically give parents a bag of money in the form of child allowance, eliminating the need for free school lunches and teachers burning their meager paychecks on classroom essentials.

        The closest thing that comes to this is the Child Tax Credit, still meager in comparison, but nevertheless eroded to a joke because we “care so much for the children”.

        To call it a Dickinsonian nightmare might go a bit far, then again, you dragged that straw man in here, but the fact that child labor is back on the rise in the US suggests that those times are far from behind us.

        • afraid_of_zombies@lemmy.world
          link
          fedilink
          arrow-up
          1
          arrow-down
          7
          ·
          1 year ago

          Was homeless twice and my parents were failures at everything except making more kids. I have also been to the developing world quite a few times.

          Whatever just keep making this about me, that seems like the way you want to go about this.

          • braxy29@lemmy.world
            link
            fedilink
            arrow-up
            2
            arrow-down
            1
            ·
            1 year ago

            i just made the one comment - saying it’s not a Dickensian nightmare seemed not to demonstrate an understanding of what some folks are dealing with - not having a home, enough to eat, basic medical care, safety.

            i’m surprised, given your own experiences, that you seemed to imply what others are going through in the face of insufficient resources is not, after all, that bad.