Laws are being passed or considered in multiple states and other nations which require those who kill parents while driving drunk to pay restitution to surviving children. Now the woman who is the driving force behind the idea says it’s time for it to be enacted where it began: Missouri.
Mason and Bentley Williams (Photo courtesy: Cecelia Williams)
In April 2021, in Jefferson County, a drunk driver caused an accident that killed 24-year-old Lacey Newton, 30-year-old Cordell Williams, and four-month-old Cordell Williams, Jr., of Bonne Terre. The couple left behind two surviving children, Bentley and Mason, now being cared for by Cordell’s mother, Cecelia Williams.
Williams soon began crafting what has become known as “Bentley and Mason’s Law,” or more commonly “Bentley’s Law.” It would require people who are convicted of killing a parent or parents while driving drunk to pay child support for the care of surviving children.
The committee also heard from the mother of 23-year-old Racheal Grace Neldon, who was one of four people killed in an accident she says was caused by a drunk driver in April of last year. Jennifer Neldon told the committee while this bill wouldn’t help her family, it could be a deterrent to at least some people who would drive drunk.
Missouri legislators passed a package of measures intended to protect victims of sexual and domestic violence and trafficking before the 2022 regular session drew to a close on May 13. Senate Bill 775 contained language sponsored by several House members, and now awaits action by Governor Mike Parson (R).
Representative Hannah Kelly (Photo: Tim Bommel, Missouri House Communications)
“It’s our big legislative win for this session,” said Jennifer Carter Dochler, who was the legislative liaison for the Missouri Coalition against Domestic and Sexual Violence during the regular session.
The bill was handled in the House by Representative Hannah Kelly (R-Mountain Grove), who was glad to see it reach the governor’s desk despite issues in the legislature that created challenges for all legislation this year.
Kelly said of particular importance to her, personally, in SB 775 is the language that establishes the “Sexual Assault Survivors Bill of Rights.” This seeks to make sure victims know their rights regarding the gathering of evidence and related medical exams; access to incident reports; and protections from intimidation and harassment by an attacker.
The Bill of Rights portion is meant to, among other things, give some clarity and guidance to victims, who often find themselves traumatized and with no knowledge of what to do or to whom to turn.
SB 775 also clarifies definitions in Missouri law regarding “sexual contact” and “sexual conduct.” Representative David Evans (R-West Plains) said he dealt with at least one case, during his 28 years as a judge, in which unclear definitions regarding contact with minor victims hindered prosecution.
Representative David Evans (Photo: Tim Bommel, Missouri House Communications)
SB 775 would specify that no persons younger than 18 will be prosecuted for prostitution, and if located by law enforcement while engaged in commercial sexual acts, they will be considered a victim of abuse and referred to the Children’s Division and juvenile officers to receive help. It also eliminates the requirement that a person under 18 and charged with prostitution must prove they were coerced to avoid conviction.
These were provisions found in legislation sponsored by Representative Ed Lewis (R-Moberly), who said the laws regarding these individuals needs to be focused on getting them help.
Other related sections deal with prosecuting those who attempted to engage in sexual acts or pornography-related offenses with individuals under 18.
The bill also contains language sponsored by Representative Lane Roberts (R-Joplin) dealing with orders of protection. It would state that a person with an order of protection against them cannot skip a court date regarding that order and then plead ignorance to knowing it was still in effect. He and Carter Dochler say this defense has often been successful for abusers who would violate an order and then say they didn’t know it was in place because they didn’t attend a hearing.
Roberts has often said that this and other proposals he has filed stem from his time in law enforcement – including as Joplin’s police chief and the director of the Department of Public Safety – and times in his career when he couldn’t help a victim because of how the law was written.
Along that same line, Roberts said a provision in SB 775 that is important to him is one that allows victims to testify via video rather than have to appear in court for a domestic violence proceeding.
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
Roberts says too often, a victim is afraid to proceed with prosecution for fear or retribution by their abuser. This provision addresses that fear; specifically that requiring a victim to appear in court creates an instance in which their abuser will know where and when to find them.
With all these issues, legislators have to craft language that protects victims but also allows for due process for those who are accused. Evans believes with SB 775, Missouri gets closer to finding the right balance between those considerations, “and again that’s one thing I really enjoy doing, is balancing the rights of those that are charged but making it absolutely clear to protect the victims of the crimes as well. I think we’re getting there.”
SB 775 includes several other provisions, including those that would make it a crime for any coach of minors to abuse a minor, whereas currently law speaks only to high school coaches; extends protections against the release of a victim’s personal information to include their personal email address, birth date, health status, or any information from a forensic testing report; and further restricts when the prior sexual conduct of a witness or victim in a sexual offense case may be inquired about in a legal proceeding.
The House of Representatives will consider extending Missouri’s ban on texting while driving to drivers of all ages in the legislative session that begins January 8.
Representative David Evans (photo: Tim Bommel, Missouri House Communications)
Missouri law only bans texting while driving for those 21 and younger. House Bill 1290 would extend that ban to all drivers. It would also allow local jurisdictions to enact their own laws and ordinances on the use of hand-held electronic communications devices.
Evans said he wanted to propose what would be the “least intrusive” expansion of the texting while driving law. After reviewing past legislation on the matter he chose to offer the same language as 2019’s House Bill 896, filed by Representative Rory Rowland (D-Independence).
The Department of Transportation backs extending the texting while driving ban to all drivers. Nicole Hood, State Highway Safety and Traffic Engineer, said that would make roads safer for drivers and MoDOT workers. The Department reports that since 2014, cell phone-related crashes in Missouri have increased by 31-percent, reaching nearly 2,500 last year.
Similar legislation has received little or no attention from the legislature in recent years. Evans said he will talk to House leaders soon in hopes of getting this bill some traction.
Violations of Missouri’s texting while driving ban result in two-point violations against a driver’s license. Accumulation of points can result in a license being suspended or revoked.