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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1394*
HOUSE BILL 1394
E2 6lr3395
By: Delegates McComas, Ciliberti, and Hornberger
Introduced and read first time: February 13, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Homicide by Motor Vehicle or Vessel – Restitution to Child 2
(Bentley’s Law) 3
FOR the purpose of requiring a person to pay certain restitution to a child if the person 4
violated the prohibition against operating a motor vehicle or vessel while impaired 5
or under the influence resulting in the death of the child’s parent or guardian ; 6
establishing requirements and procedures for the determination and payment of 7
restitution under this Act; and generally relating to restitution. 8
BY repealing and reenacting, without amendments, 9
Article – Criminal Law 10
Section 2–503(a), 2–504(a), 2–505(a), and 2–506(a) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13
BY adding to 14
Article – Criminal Procedure 15
Section 11–606.1 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Criminal Law 21
2–503. 22
(a) A person may not cause the death of another as a result of the person’s 23
negligently driving, operating, or controlling a motor vehicle or vessel while: 24
2 HOUSE BILL 1394
(1) under the influence of alcohol; or 1
(2) under the influence of alcohol per se. 2
2–504. 3
(a) A person may not cause the death of another as a result of the person’s 4
negligently driving, operating, or controlling a motor vehicle or vessel while impaired by 5
alcohol. 6
2–505. 7
(a) A person may not cause the death of another as a result of the person’s 8
negligently driving, operating, or controlling a motor vehicle or vessel while the person is 9
so far impaired by a drug, a combination of drugs, or a combination of one or more drugs 10
and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely. 11
2–506. 12
(a) A person may not cause the death of another as a result of the person’s 13
negligently driving, operating, or controlling a motor vehicle or vessel while the person is 14
impaired by a controlled dangerous substance, as defined in § 5–101 of this article. 15
Article – Criminal Procedure 16
11–606.1. 17
(A) SUBJECT TO SUBSECTION (D) OF THIS SECTION , THE COURT SHALL 18
ORDER AN INDIVIDUAL CONVICTED OF A VIOLATION OF AN OFFENSE UNDER TITLE 19
2, SUBTITLE 5 OF THE CRIMINAL LAW ARTICLE RESULTING IN THE DEATH OF A 20
PARENT OR GUARDIAN OF A CHILD TO PAY RESTITUTION TO THE CHILD. 21
(B) (1) IN DETERMINING THE AM OUNT OF RESTITUTION ORDERED 22
UNDER SUBSECTION (A) OF THIS SECTION , THE COURT SHALL CONS IDER THE 23
CHILD’S: 24
(I) FINANCIAL NEEDS AND RESOURCES; 25
(II) STANDARD OF LIVING; 26
(III) PHYSICAL AND EMOTIONAL CONDITION AND NEEDS; AND 27
(IV) PHYSICAL AND LEGAL CUSTODY ARRANGEMENTS. 28
HOUSE BILL 1394 3
(2) IN ADDITION TO THE CONSIDERATIONS UNDER PARAGRAPH (1) OF 1
THIS SUBSECTION , IF THE CHILD OF THE VICTIM HAS A SURVIVING PARENT OR 2
GUARDIAN, THE COURT SHALL CONSIDER: 3
(I) THE FINANCIAL NEEDS AND RESOURCES OF THE PARENT OR 4
GUARDIAN, INCLUDING WHETHER THE CHILD IS IN THE CUSTODY OF THE 5
DEPARTMENT OF HUMAN SERVICES; AND 6
(II) REASONABLE WORK–RELATED CHILD CARE EXPENSES. 7
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FULL 8
AMOUNT OF RESTITUTIO N ORDERED BY THE COU RT SHALL BE DIVIDED INTO 9
PERIODIC PAYMENTS TO BE PAID TO A CHILD OF THE VICTIM UNTIL: 10
(I) THE CHILD REACHES THE AGE OF 18 YEARS AND HAS 11
GRADUATED FROM A SECONDARY SCHOOL; OR 12
(II) THE MAJORITY OF THE CLASS OF WHICH THE CHILD IS A 13
MEMBER WHEN THE CHILD REACHES THE AGE OF 18 YEARS HAS GRADUATED FROM 14
SECONDARY SCHOOL. 15
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , IF 16
AN INDIVIDUAL ORDERED TO PAY RESTI TUTION UNDER THIS SECTION IS 17
INCARCERATED AND UNABLE TO PAY, PAYMENT SHALL BEGIN WITHIN 1 YEAR AFTER 18
THE INDIVIDUAL’S RELEASE FROM INCARCERATION. 19
(II) IF THE PERIOD OF RESTITUTION UNDER PARAGRAPH (1) OF 20
THIS SUBSECTION ENDS WHILE THE INDIVIDUAL ORDERED TO PAY RESTITUTION IS 21
INCARCERATED AND THE RESTITUTION IS NOT PAID IN FULL, PAYMENT UNDER THIS 22
SUBSECTION SHALL CONTINUE UNTIL THE RESTITUTION IS PAID IN FULL. 23
(D) (1) IF THE SURVIVING PARENT OR GUARDIAN OF A CHILD OF THE 24
VICTIM BRINGS AN ACTION AGAINST THE INDIVIDU AL SEEKING DAMAGES BEFORE 25
AN ORDER OF RESTITUTION IS ENTERED UNDER THIS SECTION, AND THE PARENT OR 26
GUARDIAN OBTAINS A FAVORABLE JUDGMENT, THE COURT MAY NOT ORDER 27
RESTITUTION. 28
(2) IF THE SURVIVING PARENT OR GUARDIAN OF A CHILD OF THE 29
VICTIM BRINGS A N ACTION AGAINST THE INDIVIDU AL AFTER AN ORDER OF 30
RESTITUTION IS ENTERED UNDER THIS SECTION , AND THE PARENT OR GU ARDIAN 31
OBTAINS A FAVORABLE JUDGMENT, THE COURT SHALL OFFS ET THE RESTITUTION 32
BY THE AMOUNT OF THE FAVORABLE JUDGMENT. 33
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2