OLR Bill Analysis

SB 307

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

SUMMARY:

This bill extends the current prohibition on defendants found guilty of certain crimes collecting from the estates of their crime victims to defendants found not guilty by reason of mental disease or defect. As under existing law for those found guilty, the bill's prohibition also applies to defendants who a court determines would have been found not guilty by reason of mental disease or defect had they survived criminal prosecution.

The prohibition prevents these defendants from inheriting from, or receiving part of, their victims' estates or receiving life insurance or annuity benefits from the victims. The covered crimes are murder, a capital felony, felony murder, arson murder, 1st degree manslaughter with or without a firearm, or a similar crime in another jurisdiction.

The bill also makes technical and conforming changes.

EFFECTIVE DATE: October 1, 2012

PROHIBITION ON RECOVERING FROM VICTIM'S LIFE INSURANCE OR ANNUITIES

The law prohibits a named beneficiary on an insurance policy or annuity from receiving any benefits if he or she intentionally caused the death of the person who is the subject of the policy or annuity. People convicted of the crimes listed above, or who a court determines would have been found guilty as specified above, are conclusively included within this prohibition. The bill also conclusively includes within this prohibition people found not guilty by reason of mental disease or defect for such crimes, or who a court determines would have been found not guilty for this reason. (In some cases it may not be clear how a person found not guilty by reason of mental disease or defect can be said to have intended to cause someone's death. )

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

42

Nay

0

(03/26/2012)