General Assembly		Raised Bill No. 261
February Session, 2014		LCO No. 1653
		*01653_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE INHERITANCE RIGHTS OF A BENEFICIARY OR SURVIVOR WHO IS FOUND NOT GUILTY OF MURDER OR MANSLAUGHTER OF THE DECEASED BY REASON OF MENTAL DISEASE OR DEFECT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 45a-447 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) (1) A person finally adjudged guilty, either as the principal or accessory, or finally found not guilty by reason of mental disease or defect pursuant to section 53a-13, of any crime under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, [or] 53a-55a, 53a-56 or 53a-56a, or in any other jurisdiction, of any crime, the essential elements of which are substantially similar to such crimes, or a person determined to be guilty, or determined to be not guilty by reason of mental disease or defect, under any of said sections pursuant to this subdivision, shall not inherit or receive any part of the estate of (A) the deceased, whether under the provisions of any act relating to intestate succession, or as devisee or legatee, or otherwise under the will of the deceased, or receive any property as beneficiary or survivor of the deceased, or (B) any other person when such homicide or death terminated an intermediate estate, or hastened the time of enjoyment. For the purposes of this subdivision, an interested person may bring an action in the Superior Court for a determination, by a preponderance of the evidence, that an heir, devisee, legatee or beneficiary of the deceased who has predeceased the interested person would have been adjudged guilty or found not guilty by reason of mental disease or defect, either as the principal or accessory, under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, [or] 53a-55a, 53a-56 or 53a-56a, had the heir, devisee, legatee or beneficiary survived.

(2) With respect to inheritance under the will of the deceased, or rights to property as heir, devisee, legatee or beneficiary of the deceased, the person whose participation in the estate of another or whose right to property as such heir, devisee, legatee or beneficiary is so prevented under the provisions of this section shall be considered to have predeceased the person killed.

(3) With respect to property owned in joint tenancy with rights of survivorship with the deceased, such final adjudication as guilty or finding of not guilty by reason of mental disease or defect shall be a severance of the joint tenancy [,] and shall convert the joint tenancy into a tenancy in common as to the deceased and the person so adjudged [and the deceased] or found, but not as to any remaining joint tenant or tenants. [, such severance being] Such severance shall be effective as of the time such adjudication [of guilty] or finding becomes final. When such jointly owned property is real property, a certified copy of the final adjudication as guilty or finding of not guilty by reason of mental disease or defect shall be recorded by the fiduciary of the deceased's estate, or may be recorded by any other interested party in the land records of the town where such real property is situated.

(b) In all other cases where a defendant has been convicted of killing another person, or has been found not guilty of killing another person by reason of mental disease or defect, the right of such defendant to inherit or take any part of the estate of the person killed or to inherit or take any estate as to which such homicide terminated an intermediate estate, or hastened the time of enjoyment, or to take any property as beneficiary or survivor of the deceased shall be determined by the common law, including equity.

(c) (1) A named beneficiary of a life insurance policy or annuity who intentionally causes the death of the person upon whose life the policy is issued or the annuitant, is not entitled to any benefit under the policy or annuity, and the policy or annuity becomes payable as though such beneficiary had predeceased the [decedent] deceased.

(2) (A) A conviction or a finding of not guilty by reason of mental disease or defect under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, [or] 53a-55a, 53a-56 or 53a-56a, or a determination pursuant to subparagraph (B) of this subdivision that a named beneficiary would have been found guilty under any of said sections had the named beneficiary survived, or would have been found not guilty under any of said sections by reason of mental disease or defect had the named beneficiary survived, shall be conclusive for the purposes of this subsection.

(B) For the purposes of this subsection, an interested person may bring an action in the Superior Court for a determination, by a preponderance of the evidence, that a named beneficiary who has predeceased the interested person would have been found guilty under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, [or] 53a-55a, 53a-56 or 53a-56a, or would have been found not guilty under any of said sections by reason of mental disease or defect, had the named beneficiary survived.

(C) In the absence of such a conviction, finding or determination, the Superior Court may determine by the common law, including equity, whether the named beneficiary is entitled to any benefit under the policy or annuity.

(D) In any proceeding brought under this subsection, the burden of proof shall be [upon] on the person challenging the eligibility of the named beneficiary for benefits under a life insurance policy or annuity.

(3) Any insurance company [making] that makes payment according to the terms of its policy or annuity is not liable for any additional payment by reason of this section unless [it] the insurance company has received at its home office or principal address written notice of a claim under this section prior to such payment.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2014	45a-447

Statement of Purpose:

To: (1) Prohibit a person found not guilty by reason of mental disease or defect of causing the death of the deceased from benefiting from the estate of the deceased or from the deceased's life insurance policy or annuity, and (2) add the crimes of manslaughter in the second degree and manslaughter in the second degree with a firearm to the list of crimes for which the conviction of a beneficiary for such crime committed against the deceased disqualifies the beneficiary from benefiting from the estate of the deceased or from the deceased's life insurance policy or annuity.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]