Missouri's Bentley and Mason's Law: Drunk Drivers Who Kill a Parent Must Now Pay Child Support
Missouri's Bentley and Mason's Law: Drunk Drivers Who Kill a Parent Must Now Pay Child Support
Missouri Governor Mike Kehoe signed House Bill 1740 on July 9, 2026, creating "Bentley and Mason's Law." Starting August 28, 2026, a person convicted of an intoxication-related crash that kills a child's parent or guardian must pay court-ordered child support to that child, in place of a civil wrongful-death judgment.
Information last verified on July 12, 2026. This is a developing story; we update it as the record changes.
Jurisdiction scope: This article covers Missouri law under House Bill 1740 (2026) only. Several other states have passed their own versions of "Bentley's Law" with different mechanics, payment triggers, and durations, and this piece does not describe those states' rules. For the broader Missouri child support framework, see Missouri Child Support Laws.
What Happened
Governor Mike Kehoe signed HB1740 on July 9, 2026, during a bill-signing ceremony at the Missouri State Capitol, as part of a broader package of public safety legislation. The bill, sponsored by Representative Dave Griffith with a Senate committee substitute from Senator Mike Bernskoetter, modifies Missouri's driving-while-intoxicated laws and creates "Bentley and Mason's Law." The provision requires a court to order a person convicted of an intoxication-related vehicular manslaughter that kills a child's parent or guardian to pay child support to the surviving child, rather than leaving the family to pursue a separate civil wrongful-death claim. The law takes effect August 28, 2026. Kehoe said of the broader signing package, "The legislation I signed today strengthens the laws that protect our families, supports the men and women who serve our country and communities, and gives our state stronger tools to keep dangerous criminals off our streets," adding, "Public safety will always be this administration's top priority."
The name honors Bentley and Mason, two Missouri boys who became orphans after both of their parents were killed by a drunk driver roughly five years before the bill's signing. Missouri lawmakers introduced versions of the bill in prior sessions before HB1740 passed and reached the governor's desk in 2026.
What the Law Actually Says
Under Bentley and Mason's Law, once a person is convicted of an intoxication-related vehicular manslaughter that kills a child's parent or guardian, a Missouri court must order that person to pay child support to the surviving child or children, rather than the family relying solely on a civil wrongful-death judgment against the offender. Payments must begin no later than one year after the offender's release from incarceration, and continue until the child turns 18, or until 21 if the child is pursuing post-secondary education or has a qualifying physical or mental incapacity, based on the bill summaries available as of July 12, 2026.
Available summaries indicate a court sets the payment amount using guideline factors similar to those already applied in Missouri divorce and custody cases, including the surviving caregiver's financial resources, the child's health and education needs, custody arrangements, and the child's standard of living. Missouri's existing child support framework generally runs through Chapter 452 (dissolution of marriage, child support) and Chapter 454 (support enforcement) of the Missouri Revised Statutes; as of July 12, 2026, the specific section numbers HB1740 creates or amends had not been independently confirmed against the enrolled bill text, so any statute-number attribution beyond the bill number itself should be treated as unverified pending direct review of the signed act. For how Missouri's underlying child support process otherwise works, see Missouri Child Support Laws and the broader United States Child Support Laws hub.
HB1740 also raises Missouri's DWI penalties, provisions some coverage refers to as 'Melanie's Law.' Based on legislative summaries reviewed as of July 12, 2026, criminally negligent DWI that causes a death rises from a class C felony to a class B felony, and to a class A felony where the offender has prior qualifying DWI convictions, with mandatory minimum prison time before parole eligibility and a longer minimum for repeat offenders. The bill also expands ignition interlock device requirements for first-time offenders with a blood alcohol content at or above 0.15 percent. These penalty changes share the child support provision's August 28, 2026 effective date. See Missouri DWI Laws and, for related rules that can apply alongside a DWI-fatality prosecution, Missouri Hit and Run Laws and Missouri Car Accident Laws.
Analysis: Why This Matters
The following is analysis from the Recording Law Editorial Team.
Bentley and Mason's Law changes what happens after a drunk-driving death in a specific and narrow way: it converts an obligation that previously depended on a family's ability to bring and win a civil wrongful-death suit into a court-ordered support duty tied directly to the criminal conviction. A civil judgment can be difficult for a surviving family to collect, particularly against a defendant who is incarcerated and has limited assets. By routing the obligation through the criminal case and keying the start date to release from incarceration, Missouri's law is structured to make the payment obligation follow the offender rather than depend on a separate lawsuit succeeding first.
The one-year-after-release start date and the guideline-based approach to setting the amount both mirror how Missouri already calculates support in divorce and custody matters, rather than introducing an entirely new support framework; courts are applying a mechanism they already use to a new category of case.
The DWI penalty increases in the same bill are a separate but related policy move, raising felony classification and mandatory minimum incarceration exposure for fatal intoxicated-driving cases, and reflect a broader legislative trend of pairing tougher DWI sentencing with financial accountability measures aimed at the children left behind. We are not predicting how courts will apply these provisions in individual cases, and the precise statutory mechanics of the child support obligation, including exact section numbers, remain to be confirmed against the enrolled bill text as that becomes available.
How This Affects You
If you are a surviving parent, guardian, or family member raising a child after a parent or guardian was killed by an intoxicated driver in Missouri, Bentley and Mason's Law may apply once it takes effect August 28, 2026, depending on the timing and circumstances of the conviction. The law does not retroactively rewrite prior convictions or civil settlements on its own; how it applies to any pending or past case depends on facts a Missouri-licensed attorney would need to evaluate.
This article describes the law generally. It is not an assessment of any individual case and does not predict how a specific prosecution, sentencing, or support order will turn out.
This is general legal information, not legal advice. It covers Missouri law and reflects sources verified on July 12, 2026. Laws change and this story is developing; consult a lawyer licensed in your jurisdiction about your specific situation.
Related articles
- Missouri Child Support Laws
- Missouri DWI Laws
- Missouri Hit and Run Laws
- Missouri Car Accident Laws
- United States Child Support Laws
Last updated: 2026-07-12. This is a developing story; details verified as of 2026-07-12.
Frequently Asked Questions
What is Missouri's Bentley and Mason's Law?
It is a provision within House Bill 1740, signed by Governor Mike Kehoe on July 9, 2026, that requires a court to order a person convicted of an intoxication-related vehicular manslaughter that kills a child's parent or guardian to pay child support to the surviving child, instead of the family relying only on a civil wrongful-death judgment. It takes effect August 28, 2026.
When do child support payments start under Bentley and Mason's Law?
Based on available bill summaries as of July 12, 2026, payments must begin no later than one year after the offender is released from incarceration.
How long do the payments last?
Until the child turns 18, or until age 21 if the child is pursuing post-secondary education or has a qualifying physical or mental incapacity, according to summaries of HB1740 reviewed as of July 12, 2026.
Does this replace a wrongful-death lawsuit?
Available summaries describe the child support obligation as being ordered in lieu of a civil judgment, meaning it is intended to substitute for that separate civil process rather than stack on top of it. The precise interaction with any specific pending civil claim would depend on the facts of that case.
Who is Bentley and Mason's Law named after?
Two Missouri boys who became orphans after both of their parents were killed by a drunk driver roughly five years before the bill was signed. Sources reviewed as of July 12, 2026 do not identify the children further, and this article does not name them beyond what official sources have used.
Did HB1740 also change Missouri's DWI penalties?
Yes. Based on legislative summaries reviewed as of July 12, 2026, the bill raises the felony classification for fatal DWI cases and sets mandatory minimum prison time before parole eligibility, with a longer minimum for repeat offenders, alongside expanded ignition interlock device requirements for some first-time offenders.
Is Missouri the only state with a law like this?
No. Missouri's law follows a broader multi-state trend of similarly named 'Bentley's Law' measures with their own mechanics and timelines, which this article does not attempt to describe.
Sources and References
- Missouri House Bill 1740 (2026), Bill Information(house.mo.gov).gov
- Governor Kehoe Advances Public Safety Priorities with Signing of Legislation, Office of Governor Mike Kehoe(governor.mo.gov).gov
- Missouri drunk drivers who kill parents must now pay child support, Ozarks First (July 9, 2026)(ozarksfirst.com)