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Missouri enacts 'Bentley and Mason's Law' requiring convicted drunk drivers to pay child maintenance
Original title: Creates "Bentley and Mason's Law" relating to child maintenance orders for certain persons convicted of the offense of driving while intoxicated
Last action · July 13, 2026: Signed by GovernorSponsor: Mike Henderson
Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law
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What This Bill Does
Missouri law now requires individuals convicted of driving while intoxicated that results in the death of a parent or guardian to pay court-ordered child maintenance to the surviving children, upon petition by the surviving parent or guardian. Imprisoned offenders receive up to one year post-release to begin payments including s. The maintenance orders are subject to s from prior civil judgments or motor vehicle liability insurer payouts.
Why it matters
Surviving children of parents killed in drunk driving crashes gain a legal mechanism to receive court-mandated financial support from the convicted driver, while offenders face enforceable child maintenance obligations extending past incarceration.
Who It Affects
Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.
Directly affected
Children of deceased parents or guardians
Eligible to receive court-ordered child maintenance payments from the convicted driver.
Directly affected
Surviving parents or guardians
Empowered to file petitions for child maintenance and bring civil actions or receive insurance payouts that interact with maintenance orders.
Directly affected
Persons convicted of driving while intoxicated causing death
Required by court order to pay child maintenance to the victim's children, with deferred timelines if incarcerated.
Key Facts
You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.
Frequently Asked Questions
Who is required to pay child maintenance under this law?
Individuals convicted of, pleading guilty to, or entering a plea of to driving while intoxicated or with excessive blood alcohol content whose offense caused the death of a parent or guardian.
What happens if the convicted person is in prison and cannot pay immediately?
The individual has up to one year after release from incarceration to begin payments, including any .
Do payouts from insurance or civil lawsuits affect the child maintenance order?
Yes. If a civil judgment is obtained prior to the maintenance order, no maintenance is ordered. If obtained afterward, the maintenance order s the judgment. Additionally, insurance payouts from motor vehicle liability insurers offset the maintenance order.
What else do you want to know?
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Votes, people, money & the original sourceWhere This Stands
Current status: Signed into law.
Procedural history
35 actions- Jul 13, 2026Office of the GovernorEnrolledSigned by Governor
- May 28, 2026SenateReported Duly Enrolled Rules, Joint Rules, Resolutions & Ethics Committee
- May 28, 2026SenateSigned by Senate President Pro Tem
- May 28, 2026HouseSigned by House Speaker
- May 28, 2026Office of the GovernorDelivered to Governor
- May 15, 2026HouseCommitteeVoted Do Pass H Fiscal Review
Show 29 earlier actions
- May 15, 2026HouseCommitteeReported Do Pass H Fiscal Review
- May 15, 2026HouseFloorH Third Read and Passed
- May 15, 2026SenateFloorTruly Agreed To and Finally Passed
- May 14, 2026HouseBill Placed on H Informal Calendar
- May 12, 2026HouseCommitteeReferred H Fiscal Review Committee
- May 11, 2026HouseCommitteeVoted Do Pass H Rules - Legislative
- May 11, 2026HouseCommitteeReported Do Pass H Rules - Legislative
- May 7, 2026HouseCommitteeReferred H Rules - Legislative
- May 5, 2026HouseCommitteeReported Do Pass H Children and Families
- May 4, 2026HouseCommitteeVoted Do Pass H Children and Families
- Apr 28, 2026HouseHearing Conducted H Children and Families
- Apr 22, 2026HouseCommitteeReferred H Children and Families
- Apr 21, 2026HouseFloorH Second Read
- Apr 20, 2026SenateCommitteeVoted Do Pass S Fiscal Oversight Committee
- Apr 20, 2026SenateReported from S Fiscal Oversight Committee
- Apr 20, 2026SenateFloorS Third Read and Passed
- Apr 20, 2026HouseIntroducedH First Read
- Apr 16, 2026SenateCommitteeReferred S Fiscal Oversight Committee
- Apr 15, 2026SenateSS S offered (Henderson)--(3858S.03F)
- Apr 15, 2026SenateSA 1 to SS S offered & adopted (Washington)--(3858S03.05S)
- Apr 15, 2026SenateFloorSS, as amended, S adopted
- Apr 15, 2026SenatePerfected
- Apr 15, 2026SenateReported Truly Perfected S Rules, Joint Rules, Resolutions and Ethics Committee
- Apr 8, 2026SenateReported from S Judiciary and Civil and Criminal Jurisprudence Committee
- Mar 25, 2026SenateCommitteeVoted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee
- Feb 25, 2026SenateHearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee
- Jan 15, 2026SenateFloorSecond Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
- Jan 7, 2026SenateIntroducedS First Read
- Dec 1, 2025SenatePrefiled
Version history & redline
5 versions on fileComparing 3858S.03P - Perfected → 4/15/2026 - SA 1 to SS S offered & adopted (Washington)--(3858S03.05S)
4/15/2026 - Adopted
removed addedOfficial text
removed: SECOND REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE FOR
added: 3858S03.05S
1
SENATE removed: BILL added: AMENDMENT NO. removed: 1135
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
3858S.03P KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 454, RSMo, by adding thereto one new section relating to child maintenance
orders for certain persons convicted of driving while intoxicated.
Be it enacted added: ___
Offered by removed: the General Assembly of the State of Missouri, as follows:
added: Of
Amend SS/Senate Bill No. 1135 , Page 1 , Section removed: A. Chapter 454, RSMo, is amended added: 454.1050 , Lines 3-4 ,
by removed: adding thereto one new section, to be known as section 454.1050, to read as follows: 454.1050. 1. This section shall be known and may be cited as "Bentley added: striking all of said lines and removed: Mason's Law". 2. added: inserting in lieu thereof2
the following:3
"2. If a person has been convicted of, pled guilty removed: to, added: to,4
or entered a plea of nolo contendere to an offense removed: under added: under5
sections 577.010 or 577.012, such offense caused the removed: death of a parent or parents of a child or children, and a surviving parent or guardian files a petition to receive child maintenance from the person, such person shall be ordered by the court to pay child maintenance to the child or children until the child or children: (1) Die; (2) Marry; (3) Enter active military duty; (4) Reach eighteen years of age unless the provisions of subsection 3 of this section apply; or (5) Reach twenty-one years of age unless the provisions of the maintenance order specifically extend beyond the child's or children's twenty-first birthdays for reasons provided under subdivision (1) of subsection 3 of this section. 3. (1) If the child or children are physically or mentally incapacitated from supporting themselves and insolvent and unmarried, the court may extend the maintenance obligation past the child's or children's eighteenth birthday. (2) (a) If the child or children reach eighteen years of age and are enrolled in and attending a secondary school program of instruction, maintenance shall continue, if the child or children continue to attend and progress toward completion of such program, until the child or children complete such program or reach twenty-one years of age, whichever first occurs. (b) If the child or children are enrolled in an institution of vocational or higher education no later than October first following graduation from a secondary school or completion added: death6
of a removed: graduation equivalence degree program and so long as the child or children enroll for and complete at least twelve hours of credit each semester, not including the summer semester, at an institution of vocational or higher education added: parent"; and removed: achieve grades sufficient to reenroll at such institution, maintenance shall continue until the child or children complete their education or until the child or children reach twenty-one years of age, whichever first occurs. To remain eligible for such continued maintenance, at the beginning of each semester the child or children shall submit to the court a transcript or similar official document provided added: further amend line 7, by removed: the institution added: striking7
"convicted of removed: vocational or higher education that includes the courses the child or children are enrolled in and have completed for each term, the grades and credits received for each such removed: course, and an official document from the institution listing the courses that the child or children are enrolled in for the upcoming term and the number of credits for each added: offense"; and8
Further amend such removed: course. When enrolled in at least twelve credit hours, if the child or children receive failing grades in half or more of the child's or children's courseload in any one semester, payment of maintenance for the child or children receiving the failing grades may be terminated and shall not be eligible for reinstatement. Upon request for notification of the child's or children's grades by the court, the child or children shall produce the required documents to the court within thirty days of receipt of grades from the education institution. If the child or children fail to produce the required documents, payment of maintenance may terminate without the accrual of any maintenance arrearage and shall not be eligible for reinstatement. If the circumstances of the child or children manifestly dictate, the court may waive the October first deadline for enrollment required by this subdivision. As used in this subdivision, "institution added: section, page 4, lines 87-88, by9
striking all of removed: vocational education" means any postsecondary training or schooling for which the child is assessed a fee added: said lines and removed: attends classes regularly. "Higher education" means any community college, college, or university at which the child attends classes regularly. A child or children who have been diagnosed with a developmental disability, as defined under section 630.005, or whose physical disability or diagnosed health problem limits the child's or children's ability to carry the number of credit hours prescribed in this subdivision, shall remain eligible for maintenance so long as such child or children are enrolled added: inserting in removed: and attending an institution of vocational or higher education and the child or children continue to meet the other requirements of this subdivision. A child or children who are employed at least fifteen hours per week during the semester may take as few as nine credit hours per semester and remain eligible for maintenance so long as all other requirements of this subdivision are complied with. 4. added: lieu thereof the10
following:1 "4. The court shall order the person who removed: was added: was1 convicted, pled guilty to, or entered a plea of removed: nolo added: nolo1 contendere to an offense under sections 577.010 or removed: 577.012 added: 577.0121 as provided removed: under subsection 2 of this section to pay maintenance in an amount that is reasonable or necessary for the maintenance of the child or children after considering all relevant factors, including: (1) The financial needs and resources of the child or children; (2) The financial resources and needs of the surviving parent or, if no other parent is alive or capable of caring for the child or children, the guardian of the child or children, including the state if the state is the guardian; (3) The standard of living the child or children would have enjoyed; (4) The physical and emotional condition of the child or children and the child's or children's educational needs; (5) The child's or children's physical and legal custody arrangements; and (6) The reasonable work-related child care expenses of the surviving parent or guardian. 5. In addition to the relevant factors listed under subsection 4 of this added: under"; and1 Further amend said section, removed: the court shall consider the guidelines set out under subsection 8 of section 452.340 and Missouri supreme court civil procedure rule form 14 in determining the amount reasonable or necessary for the maintenance of the child or children. 6. (1) The court shall order that child maintenance payments be made to the circuit clerk as trustee for remittance to the surviving parent or guardian entitled to receive the payments. The circuit clerk shall remit such payments to the surviving parent or guardian within three working days of receipt by the circuit clerk. Circuit clerks shall deposit added: page 6, line 153, by1 striking all removed: receipts no later than the next working day after receipt. (2) As an alternative to subdivision (1) of removed: this subsection, the court may, upon its own motion, order that maintenance payments be made to the family support payment center established under section 454.530 as trustee for remittance to the surviving parent or guardian. However, the court shall not order payments to be made to the payment center if the family support division notifies the court that such payments shall not be made to the center. In such cases, payments shall be made to the clerk as trustee until the division notifies the court that payments shall be directed to the payment center. 7. In addition to any other remedy provided by law for the enforcement of child maintenance, if a maintenance order has been entered, the director of the family support division or the director's designee shall issue an order directing any employer or other payer of the person required to pay child maintenance under this section to withhold and pay over to the family support division or the clerk of the circuit court in the county in which a trusteeship is or will be established moneys due or to become due to the surviving parent or guardian for the child or children in an amount not to exceed federal wage garnishment limitations. 8. If a person ordered to pay child maintenance under this section is incarcerated added: said line and removed: unable to pay the required maintenance, the person shall have up to one year after the release from incarceration to begin payment, including any arrearage. If any obligation under this section is to terminate as provided under subsection 2 of this section but the person's obligation is not paid added: inserting in removed: full, payments shall continue until the entire arrearage is paid. 9. (1) If the surviving parent or guardian of the child or children brings a civil action against the person convicted added: lieu thereof the1 following: "convicted of, pled guilty to, or entered a removed: plea added: plea1 of nolo contendere to an offense under sections 577.010 removed: or 577.012 prior to any child maintenance order under this section and the surviving parent or guardian obtains a judgment in his or her favor in the civil suit, no maintenance shall be ordered under this section. (2) If the court orders child maintenance under this section but the surviving parent or guardian brings a civil action and obtains a judgment in his or her favor, the child maintenance order shall offset the judgment awarded in added: or1 inserting after all of said line the removed: civil action. (3) added: following:2 "(3) If the surviving parent or guardian obtains removed: a added: a2 payment from any motor vehicle liability insurer relating removed: to added: to2 the death of the parent or parents, then the removed: child added: child2 maintenance order shall be offset by the amount removed: obtained added: obtained2 from such removed: insurer. added: insurer.2 (4) No funds received under section 595.045 removed: shall added: shall2 result in a reduction of an amount provided by a removed: child added: child2 maintenance order under this removed: section. 10. The provisions of any order respecting maintenance under this section may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.added: section.".2
Redline computed from the official version text (record lane).View this version →
Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
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Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
cross reference95% confidence
Repeated Legislative Effort
The provisions of this act mirror multiple prior legislative proposals and bills introduced across legislative sessions from 2022 to 2026.
Connected Entities
OrganizationCrime Victims' Compensation Fund“Funds received from this source do not reduce child maintenance orders”Map →
Sources
Open source document
www.senate.mo.gov
Analysis Score
0–100- Significance75How much this matters to a regular citizen
- Controversy20Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz40Current news / social attention level
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