North Carolina HB 400: Asheville City School Board Appointed/Elections.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 400

Short Title: Bentley's Law. (Public)
Sponsors: Representatives Clampitt and Campbell (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 17, 2025
*H400-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE RESTITUTION IN THE FORM OF CHILD SUPPORT IF THE 2
VICTIM OF A FELONY DEATH BY VEHICLE OFFENSE WAS THE PARENT OF A 3
MINOR CHILD. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. This act shall be known as "Bentley's Law." 6
SECTION 2. Article 3 of Chapter 20 of the General Statutes is amended by adding 7
a new section to read: 8
"§ 20-141.4A. Restitution for felony death by vehicle offense. 9
(a) Definition. – For purposes of this section, the term "minor child" means a child under 10
the age of 18. 11
(b) Restitution. – Notwithstanding any provision of law to the contrary, if a defendant is 12
convicted of a violation of subsection (a1), (a5), or (a6) of G.S. 20-141.4 and the deceased victim 13
of the offense was the parent of a minor child, then the sentencing court shall order the defendant 14
to pay restitution in the form of child support to each of the victim's children until each child 15
reaches 18 years of age and has graduated from high school or the class of which the child is a 16
member when the child reached 18 years of age has graduated from high school. 17
(c) Factors. – The court shall determine an amount that is reasonable and necessary for 18
the maintenance of the victim's child after considering all relevant factors, including all of the 19
following: 20
(1) The financial needs and resources of the child. 21
(2) The financial resources and needs of the surviving parent or guardian of the 22
child, including the State if the child is in the custody of the State. 23
(3) The standard of living to which the child is accustomed. 24
(4) The physical and emotional condition of the child and the child's educational 25
needs. 26
(5) The child's physical and legal custody arrangements. 27
(6) The reasonable work-related child care expenses of the surviving parent or 28
guardian. 29
(d) Payment. – The court shall order that child support payments be made to the clerk of 30
court as trustee for remittance to the child's surviving parent or guardian. The clerk shall remit 31
the payments to the surviving parent or guardian within 10 working days of receipt by the clerk. 32
The clerk shall deposit all payments no later than the next working day after receipt. 33
(e) Defendant Incarcerated. – If a defendant who is ordered to pay child support under 34
this section is incarcerated and unable to pay the required support, then the defendant shall have 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 400-First Edition
up to one year after the release from incarceration to begin payment, including entering a payment 1
plan to address any arrearage. If a defendant's child support payments are set to terminate but the 2
defendant's obligation is not paid in full, then the child support payments continue until the entire 3
arrearage is paid. 4
(f) Enforcement. – Notwithstanding any provision of law to the contrary, a surviving 5
parent or guardian who is awarded restitution pursuant to this section may enforce the order in 6
the same manner as a civil judgment. 7
(g) Offset. – If the surviving parent or guardian of the child brings a civil action against 8
the defendant prior to the sentencing court ordering child support payments as restitution and the 9
surviving parent or guardian obtains a judgment in the civil suit, then any support ordered under 10
this section shall be offset by the amount of damages that has been received by the surviving 11
parent or guardian prior to the sentencing court entering an order of restitution. If the court orders 12
the defendant to make child support payments as restitution under this section and the surviving 13
parent or guardian subsequently brings a civil action and obtains a judgment, then the child 14
support order under this section shall be offset by the amount of damages received by the 15
surviving parent or guardian pursuant to the civil action." 16
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 17
committed on or after that date. 18