AN ACT to require restitution in the form of child support if the victim of a felony death by vehicle offense was the parent of a minor child.

The General Assembly of North Carolina enacts:

SECTION 1.  This act shall be known as Bentley's Law.

SECTION 2.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:

§ 20‑141.4A.  Restitution for felony death by vehicle offense.

(a)        Definition. – For purposes of this section, the term minor child means a child under the age of 18.

(b)        Restitution. – Notwithstanding any provision of law to the contrary, if a defendant is convicted of a violation of subsection (a1), (a5), or (a6) of G.S. 20‑141.4 and the deceased victim of the offense was the parent of a minor child, then the sentencing court shall order the defendant to pay restitution in the form of child support 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 from high school.

(c)        Factors. – The court shall determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors, including all of the following:

(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 State.

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

(4)        The physical and emotional condition of the child and the child's educational needs.

(5)        The child's physical and legal custody arrangements.

(6)        The reasonable work‑related child care expenses of the surviving parent or guardian.

(d)       Payment. – The court shall order that child support payments be made to the clerk of court as trustee for remittance to the child's surviving parent or guardian. The clerk shall remit the payments to the surviving parent or guardian within 10 working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt.

(e)        Defendant Incarcerated. – If a defendant who is ordered to pay child support under this section is incarcerated and unable to pay the required support, then the defendant shall have up to one year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage. If a defendant's child support payments are set to terminate but the defendant's obligation is not paid in full, then the child support payments continue until the entire arrearage is paid.

(f)        Enforcement. – Notwithstanding any provision of law to the contrary, a surviving parent or guardian who is awarded restitution pursuant to this section may enforce the order in the same manner as a civil judgment.

(g)        Offset. – If the surviving parent or guardian of the child brings a civil action against the defendant prior to the sentencing court ordering child support payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then any support ordered under this section shall be offset by the amount of damages that has been received by the surviving parent or guardian prior to the sentencing court entering an order of restitution. If the court orders the defendant to make child support payments as restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, then the child support order under this section shall be offset by the amount of damages received by the surviving parent or guardian pursuant to the civil action.

SECTION 3.  This act becomes effective December 1, 2025, and applies to offenses committed on or after that date.