North Carolina 2025 Session Status: In Committee 7 R cosponsors

HB 400 — Bentley's Law.

Last action — Withdrawn From Com

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced March 13, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Stalled 26% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

28 added · 27 removed

Plain-language change summary

The changes to House Bill 400 clarify how child support payments function when a defendant is sentenced. The amendment specifies that if a parent’s obligations aren’t fully paid, child support payments will continue until all overdue payments are settled. Additionally, if a surviving parent receives a civil judgment before the court orders child support, that awarded amount will reduce the child support obligation. These adjustments aim to ensure surviving families receive the full financial support they are owed, especially in tragic circumstances.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 400 Short Title:
400 Mar 13, 2025 SESSION 2025 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40249-ML-123 Short Title:
Representative Clampitt.
Representatives Clampitt and Campbell (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO REQUIRE RESTITUTION IN THE FORM OF CHILD SUPPORT IF THE VICTIM OF A FELONY DEATH BY VEHICLE OFFENSE WAS THE PARENT OF A MINOR CHILD.
Rules, Calendar, and Operations of the House March 17, 2025 A BILL TO BE ENTITLED AN ACT TO REQUIRE RESTITUTION IN THE FORM OF CHILD SUPPORT IF THE VICTIM OF A FELONY DEATH BY VEHICLE OFFENSE WAS THE PARENT OF A MINOR CHILD.
– If a defendant who is ordered to pay child support under this section is incarcerated and unable to pay the required support, then the defendant shall have uptooneyearafterthereleasefromincarcerationtobeginpayment,includingenteringapayment *DRH40249-ML-123* General Assembly Of North Carolina Session 2025 plan to address any arrearage.
– If a defendant who is ordered to pay child support under this section is incarcerated and unable to pay the required support, then the defendant shall have *H400-v-1* General Assembly Of North Carolina Session 2025 uptooneyearafterthereleasefromincarcerationtobeginpayment,includingenteringapayment plan to address any arrearage.
Page 2 DRH40249-ML-123
Page 2 House Bill 400-First Edition
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How this bill changes current law

1 change Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill establishes a requirement for restitution in the form of child support for children of victims of felony death by vehicle offenses.

  • N.C.G.S. § 20-141.4

    § 20-141.4A. Restitution for felony death by vehicle offense. (a) Definition. – For purposes of this section, the term "minor child" means a child under the age of 18. (b) Restitution. – Notwithstanding any provision of law to the contrary, if a defendant is convicted of a violation of subsection (a1), (a5), or (a6) of G.S. 20-141.4 and the deceased victim of the offense was the parent of a minor child, then the sentencing court shall 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. (c) Factors. – The court shall determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors, including all of the following: (1) The financial needs and resources of the child. (2) The financial resources and needs of the surviving parent or guardian of the child, including the State if the child is in the custody of the State. (3) The standard of living to which the child is accustomed. (4) The physical and emotional condition of the child and the child's educational needs. (5) The child's physical and legal custody arrangements. (6) The reasonable work-related child care expenses of the surviving parent or guardian. (d) Payment. – The court shall order that child support payments be made to the clerk of court as trustee for remittance to the child's surviving parent or guardian. The clerk shall remit the payments to the surviving parent or guardian within 10 working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt. (e) Defendant Incarcerated. – If a defendant who is ordered to pay child support under this section is incarcerated and unable to pay the required support, then the defendant shall have uptooneyearafterthereleasefromincarcerationtobeginpayment,includingenteringapaymentplan to address any arrearage. If a defendant's child support payments are set to terminate but the defendant's obligation is not paid in full, then the child support payments continue until the entire arrearage is paid. (f) Enforcement. – Notwithstanding any provision of law to the contrary, a surviving parent or guardian who is awarded restitution pursuant to this section may enforce the order in the same manner as a civil judgment. (g) Offset. – If the surviving parent or guardian of the child brings a civil action against the defendant prior to the sentencing court ordering child support payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then any support ordered under this section shall be offset by the amount of damages that has been received by the surviving parent or guardian prior to the sentencing court entering an order of restitution. If the court orders the defendant to make child support payments as restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, then the child support order under this section shall be offset by the amount of damages received by the surviving parent or guardian pursuant to the civil action.

    This adds a new section requiring courts to order child support payments from convicted offenders to the children of victims of certain vehicular felonies.

Action History

  1. Withdrawn From Com

  2. Re-ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

  3. Passed 1st Reading

  4. Ref To Com On Rules, Calendar, and Operations of the House

  5. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 171 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (171)

171 members have not signed on to this bill.

Show all 171 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 400?
HB 400 is sponsored by Harry Warren (Republican), Bill Ward (Republican), Paul Scott (Republican), Dennis Riddell (Republican), Ben T. Moss, Jr. (Republican), Todd Carver (Republican), Campbell, and Mike Clampitt (Republican).
What is the current status of HB 400?
This bill is in committee in the House. Introduced March 13, 2025. It must pass committee before a floor vote.
Where can I track HB 400?
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Last checked for changes 3 months ago · updated continuously

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