HB 400

Names the act Bentley’s Law. Enacts GS 20-141.4A, concerning restitution for felony death by vehicle. If a person is convicted of felony death by vehicle, aggravated felony death by vehicle, or is a repeat felony death by vehicle offender under GS 20-141.4 and the deceased victim was the parent of a minor child (defined), then requires the sentencing court to 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. Provides for factors for court to consider in imposing child support. Requires defendant to submit payment to the clerk of court as trustee to be remitted to the child’s surviving parent or guardian with the time provided. Tolls payment obligation when a defendant is incarcerated and unable to pay the child support until up to one year after release from incarceration. Provides for payment of arrearages in such cases. Provides for enforcement of the order by the child’s surviving parent or guardian. Provides for offset by any damages awarded in a judgment in a civil suit by the surviving parent or guardian against the defendant, regardless of when such suit is filed. Applies to offenses committed on or after December 1, 2025.