95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0634

 

Introduced 2/8/2007, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/2-6   from Ch. 110 1/2, par. 2-6

    Amends the Probate Act of the 1975. Provides that a person acquitted by reason of insanity but who has been found by the court to have in fact committed the murder of the decedent shall also be conclusively presumed to have caused the death intentionally and unjustifiably for inheritance purposes. Adds a tenancy to the list of types of property that a person who intentionally and unjustifiably causes the death of another is banned from receiving. Effective immediately.


LRB095 10570 AJO 30791 b

 

 

A BILL FOR

 

SB0634 LRB095 10570 AJO 30791 b

1     AN ACT concerning estates.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Probate Act of 1975 is amended by changing
5 Section 2-6 as follows:
 
6     (755 ILCS 5/2-6)  (from Ch. 110 1/2, par. 2-6)
7     Sec. 2-6. Person causing death. A person who intentionally
8 and unjustifiably causes the death of another shall not receive
9 any property, benefit, or other interest by reason of the
10 death, whether as heir, legatee, beneficiary, joint tenant,
11 survivor, appointee or in any other capacity and whether the
12 property, benefit, or other interest passes pursuant to any
13 form of title registration, testamentary or nontestamentary
14 instrument, intestacy, renunciation, tenancy or any other
15 circumstance. The property, benefit, or other interest shall
16 pass as if the person causing the death died before the
17 decedent, provided that with respect to joint tenancy property
18 the interest possessed prior to the death by the person causing
19 the death shall not be diminished by the application of this
20 Section. A determination under this Section may be made by any
21 court of competent jurisdiction separate and apart from any
22 criminal proceeding arising from the death, provided that no
23 such civil proceeding shall proceed to trial nor shall the

 

 

SB0634 - 2 - LRB095 10570 AJO 30791 b

1 person be required to submit to discovery in such civil
2 proceeding until such time as any criminal proceeding has been
3 finally determined by the trial court or, in the event no
4 criminal charge has been brought, prior to one year after the
5 date of death. A person convicted of first degree murder or
6 second degree murder of the decedent is conclusively presumed
7 to have caused the death intentionally and unjustifiably for
8 purposes of this Section. A person acquitted by reason of
9 insanity but who has been found by the court to have in fact
10 otherwise committed the murder of the decedent shall also for
11 purposes of this Section be conclusively presumed to have
12 caused the death intentionally and unjustifiably.
13     The holder of any property subject to the provisions of
14 this Section shall not be liable for distributing or releasing
15 said property to the person causing the death if such
16 distribution or release occurs prior to a determination made
17 under this Section.
18     If the holder of any property subject to the provisions of
19 this Section knows or has reason to know that a potential
20 beneficiary caused the death of a person within the scope of
21 this Section, the holder shall fully cooperate with law
22 enforcement authorities and judicial officers in connection
23 with any investigation of such death.
24 (Source: P.A. 86-749.)
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.