AB159

Assembly Bill No. 159–Assemblymen Gibbons, Chowning, Hettrick, Ohrenschall, Dini, Bache, Gustavson, Freeman, Tiffany, de Braga, Mortenson, Cegavske, McClain, Claborn, Beers, Anderson, Goldwater, Lee, Neighbors, Segerblom, Carpenter, Nolan, Leslie and Thomas

February 8, 1999

____________

Referred to Committee on Judiciary

SUMMARY—Prohibits person from collecting as beneficiary proceeds of policy of life insurance of decedent if he committed voluntary manslaughter or conspired to commit murder of decedent. (BDR 57-958)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to insurance; prohibiting a person from collecting as the beneficiary the proceeds of a policy of life insurance of a decedent if he committed voluntary manslaughter or conspired to commit the murder of the decedent; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 688A.420 is hereby amended to read as follows:

1-2 688A.420 1. [~~No]~~ A person convicted of the murder , voluntary

1-3 manslaughter or conspiracy to commit the murder of a decedent is not

1-4 entitled to any part of the proceeds of a policy of insurance on the life of

1-5 the decedent. If there is no beneficiary named in the policy to whom the

1-6 proceeds are to be paid if the convicted person cannot or may not receive

1-7 them, the proceeds must be placed in the estate of the decedent.

1-8 2. If:

1-9 (a) The death of a person precludes his trial for the murder , voluntary

1-10 manslaughter or conspiracy to commit the murder of a decedent; and

2-1 (b) The court which is distributing the decedent’s estate determines,

2-2 based on a preponderance of the evidence, that he committed the murder ,

2-3 voluntary manslaughter or conspiracy to commit the murder of the

2-4 decedent,

2-5 he is not entitled to any part of the proceeds of a policy of insurance on the

2-6 life of the decedent. If there is no beneficiary named in the policy to whom

2-7 the proceeds are to be paid if the convicted person may not receive them,

2-8 the proceeds must be placed in the estate of the decedent.