SB2658 94TH GENERAL ASSEMBLY

LRB094 18666 LCT 54024 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2658

Introduced 1/20/2006, 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.

A BILL FOR

AN ACT concerning estates.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Probate Act of 1975 is amended by changing Section 2-6 as follows:

(755 ILCS 5/2-6) (from Ch. 110 1/2, par. 2-6)

Sec. 2-6. Person causing death. A person who intentionally and unjustifiably causes the death of another shall not receive any property, benefit, or other interest by reason of the death, whether as heir, legatee, beneficiary, joint tenant, survivor, appointee or in any other capacity and whether the property, benefit, or other interest passes pursuant to any form of title registration, testamentary or nontestamentary instrument, intestacy, renunciation, tenancy, or any other circumstance. The property, benefit, or other interest shall pass as if the person causing the death died before the decedent, provided that with respect to joint tenancy property the interest possessed prior to the death by the person causing the death shall not be diminished by the application of this Section. A determination under this Section may be made by any court of competent jurisdiction separate and apart from any criminal proceeding arising from the death, provided that no such civil proceeding shall proceed to trial nor shall the person be required to submit to discovery in such civil proceeding until such time as any criminal proceeding has been finally determined by the trial court or, in the event no criminal charge has been brought, prior to one year after the date of death. A person convicted of first degree murder or second degree murder of the decedent is conclusively presumed to have caused the death intentionally and unjustifiably for purposes of this Section. A person acquitted by reason of insanity but who has been found by the court to have in fact otherwise committed the murder of the decedent shall also for purposes of this Section be conclusively presumed to have caused the death intentionally and unjustifiably.

The holder of any property subject to the provisions of this Section shall not be liable for distributing or releasing said property to the person causing the death if such distribution or release occurs prior to a determination made under this Section.

If the holder of any property subject to the provisions of this Section knows or has reason to know that a potential beneficiary caused the death of a person within the scope of this Section, the holder shall fully cooperate with law enforcement authorities and judicial officers in connection with any investigation of such death.

(Source: P.A. 86-749.)

Section 99. Effective date. This Act takes effect upon becoming law.