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






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    AN ACT concerning estates.

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


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



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



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    Sec. 2-6. Person causing death. A person who intentionally 
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and
unjustifiably causes the death of another shall not receive 
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any property,
benefit, or other interest by reason of the 
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death, whether as heir,
legatee, beneficiary, joint tenant, 
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survivor, appointee or in any other
capacity and whether the 
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property, benefit, or other interest passes
pursuant to any 
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form of title registration, testamentary or nontestamentary

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instrument, intestacy, renunciation, tenancy or any other 
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circumstance.  The
property, benefit, or other interest shall 
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pass as if the person causing
the death died before the 
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decedent, provided that with respect to joint
tenancy property 
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the interest possessed prior to the death by the person
causing 
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the death shall not be diminished by the application of this

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Section.  A determination under this Section may be made by any 
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court of
competent jurisdiction separate and apart from any 
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criminal proceeding
arising from the death, provided that no 
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such civil  proceeding shall
proceed to trial nor shall the 
 


 






SB0634
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LRB095 10570 AJO 30791 b




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person be required to submit to discovery in
such civil 
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proceeding until such time as any criminal proceeding
has been 
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finally determined by the trial court or, in the event no 
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criminal
charge has been brought, prior to one year after the 
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date of death.
A person convicted of first degree murder or 
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second degree murder
of the decedent is conclusively presumed 
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to have caused the death
intentionally and unjustifiably for 
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purposes of this Section. A person acquitted by reason of 
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insanity but who has been found by the court to have in fact 
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otherwise committed the murder of the decedent shall also for 
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purposes of this Section be conclusively presumed to have 
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caused the death intentionally and unjustifiably.


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

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

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

 

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