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2008 SESSION

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HB 949 Slayer statute; insurance company not liable for policies acquired by slayer of decedent.

Introduced by: Sal R. Iaquinto | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Slayer statute. Amends the definition of "slayer" to include a person who is convicted of voluntary manslaughter. The bill also amends the definition of "slayer" to include a person who is acquitted of murder or voluntary manslaughter, but who is determined, by a preponderance of the evidence, either before or after his death, by a court to have committed murder or voluntary manslaughter. The bill also provides that transferees or assignees claiming through a slayer cannot acquire property or benefits as a result of the slaying. The bill also provides that insurance companies are not liable on life insurance policies acquired by the slayer for the decedent if (i) the policy was procured by the slayer as part of the plan to murder the decedent, and (ii) the decedent's death from the slayer's act was within two years of the date the policy was issued.  The bill also provides that the slayer statute does not serve to abrogate any common law right or remedy that prevents a slayer from profiting from his crime. The bill also makes several clarifying amendments to the slayer statute. This bill is identical to SB 450.

SUMMARY AS PASSED HOUSE:

Slayer statute. Amends the definition of "slayer" to include a person who is acquitted of murder criminally, but who is determined, by a preponderance of the evidence, either before or after his death, by a court to have murdered the decedent. The bill also provides that transferees or assignees claiming through a slayer cannot acquire property or benefits as a result of the slaying. The bill also provides that insurance companies are not liable on life insurance policies acquired by the slayer for the decedent if (i) the policy was procured by the slayer as part of the plan to murder the decedent, and (ii) the decedent's death from the slayer's act was within two years of the date the policy was issued.  The bill also provides that the slayer statute does not serve to abrogate any common law right or remedy that prevent a slayer from profiting from his crime. The bill also makes several clarifying amendments to the slayer statute.

SUMMARY AS INTRODUCED:

Slayer statute. Amends the definition of "slayer" to include a person who is not convicted of murder, but who is determined, either before or after his death, by a court to have murdered the decedent by a preponderance of the evidence. The bill also provides that transferees or assignees claiming through a slayer cannot acquire property or benefits as a result of the slaying. The bill also eliminates a provision that absolved insurance companies from any liability on a life insurance policy for a decedent that was procured and paid for by the slayer. The bill also provides that the slayer statute does not serve to abrogate any common law right or remedy that prevent a slayer from profiting from his crime. The bill also makes several clarifying amendments to the slayer statute.