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).

1-1 Section 1. Title 3 of NRS is hereby amended by adding thereto a new

1-3 of this act.

1-4 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-5 the words and terms defined in sections 3 to 17, inclusive, of this act have

1-6 the meanings ascribed to them in those sections.

1-7 Sec. 3. "Acquitted" includes, without limitation, a finding of not

1-8 guilty by reason of insanity or diminished capacity.

1-9 Sec. 4. "Agent" means a person who is authorized to represent or

1-10 act for another person. The term includes, without limitation, an attorney

1-11 in fact under a durable or nondurable power of attorney or a person who

2-1 is authorized pursuant to the provisions of a governing instrument to

2-2 make decisions concerning the provision of health care to another

2-3 person.

2-4 Sec. 5. "Beneficiary" means a person who is entitled to accrue,

2-5 acquire or receive any property, interest or benefit pursuant to the

2-6 provisions of a governing instrument or the laws of intestate succession.

2-7 Sec. 6. "Community property" has the meaning ascribed to it in

2-8 NRS 123.220.

2-9 Sec. 7. "Community property with right of survivorship" means

2-10 community property in which a right of survivorship exists pursuant to

2-11 NRS 111.064 or 115.060 or any other provision of law.

2-12 Sec. 8. "Convicted" and "conviction" mean a judgment based upon:

2-13 1. A plea of guilty, guilty but mentally ill or nolo contendere;

2-14 2. A finding of guilt by a jury or a court sitting without a jury;

2-15 3. An adjudication of delinquency or finding of guilt by a court

2-16 having jurisdiction over juveniles; or

2-17 4. Any other admission or finding of guilt in a criminal action or a

2-18 proceeding in a court having jurisdiction over juveniles.

2-19 Sec. 9. "Culpable actor in the felonious and intentional killing of a

2-20 decedent" means a person who:

2-21 1. Causes or perpetrates the felonious and intentional killing of the

2-22 decedent;

2-23 2. Aids, abets, commands, counsels, encourages, hires, induces,

2-24 procures or solicits another person to cause or perpetrate the felonious

2-25 and intentional killing of the decedent; or

2-26 3. Is a principal in any degree, accessory before the fact, accomplice

2-27 or conspirator to the felonious and intentional killing of the decedent.

2-28 Sec. 10. "Governing instrument" means any of the following:

2-29 1. A deed or any other instrument that transfers any property,

2-30 interest or benefit.

2-31 2. An annuity or a policy of insurance.

2-32 3. A trust, whether created by an instrument executed during the life

2-33 of the settlor, a testamentary instrument or any other instrument,

2-34 judgment or decree, including, without limitation, any of the following:

2-35 (a) An express trust, whether private or charitable, and any additions

2-36 to such a trust.

2-37 (b) A trust created or determined by a judgment or decree under

2-38 which the trust is to be administered in the manner of an express trust.

2-39 4. A will, a codicil or any other testamentary instrument, including,

2-40 without limitation, a testamentary instrument that:

2-41 (a) Appoints a person to serve in a fiduciary or representative

2-42 capacity, nominates a guardian or revokes or revises another will, codicil

2-43 or testamentary instrument; or

3-1 (b) Excludes or limits the right of a person or class of persons to

3-2 succeed to any property, interest or benefit pursuant to the laws of

3-3 intestate succession.

3-4 5. Any account or deposit that is payable or transferable on the death

3-5 of a person or any instrument that provides for the payment or transfer

3-6 of any property, interest or benefit on the death of a person.

3-7 6. A security registered as transferable on the death of a person or a

3-8 security registered in beneficiary form pursuant to NRS 111.480 to

3-9 111.650, inclusive.

3-10 7. Any instrument creating or exercising a power of appointment or

3-11 a durable or nondurable power of attorney.

3-12 8. Any instrument that appoints or nominates a person to serve in

3-13 any fiduciary or representative capacity, including, without limitation, an

3-14 agent, guardian, executor, personal representative or trustee.

3-15 9. Any public or private plan or system that entitles a person to the

3-16 payment or transfer of any property, interest or benefit, including,

3-17 without limitation, a plan or system that involves any of the following:

3-18 (a) Pension benefits, retirement benefits or other similar benefits.

3-19 (b) Profit-sharing or any other form of participation in profits,

3-20 revenues, securities, capital or assets.

3-21 (c) Industrial insurance, workers’ compensation or other similar

3-22 benefits.

3-23 (d) Group insurance.

3-24 10. A partnership agreement or an agreement concerning any joint

3-25 adventure, enterprise or venture.

3-26 11. A premarital, antenuptial or postnuptial agreement, a marriage

3-27 contract or settlement or any other similar agreement, contract or

3-28 settlement.

3-29 12. Any instrument that declares a homestead pursuant to chapter

3-30 115 of NRS.

3-31 13. Any other dispositive, appointive, nominative or declarative

3-32 instrument.

3-33 Sec. 11. "Interest" means:

3-34 1. Any interest, in whole or in part, in any property or estate, whether

3-35 such interest is legal or equitable, present or future, or contingent or

3-36 vested;

3-37 2. A right, power or privilege to appoint, consume, exercise, transfer

3-38 or use any such interest; or

3-39 3. Any other right, power or privilege relating to any such interest.

3-40 Sec. 12. "Interested person" means:

3-41 1. A parent, spouse, child or sibling of a decedent;

3-42 2. A beneficiary or a person who would be a beneficiary if another

3-43 person were found to be a killer of a decedent;

4-1 3. A person who serves in any fiduciary or representative capacity

4-2 with respect to any property, interest or benefit that is in any way related

4-3 to a decedent, his estate or a governing instrument or a person who

4-4 would be entitled to serve in such a capacity if another person were

4-5 found to be a killer of a decedent; or

4-6 4. A person who has a right to or claim against any property, interest

4-7 or benefit that is in any way related to a decedent, his estate or a

4-8 governing instrument or a person who would have such a right or claim

4-9 if another person were found to be a killer of a decedent.

4-10 Sec. 13. "Joint tenants with right of survivorship" means two or

4-11 more persons who hold any property, interest or benefit under

4-12 circumstances that entitle one or more of the persons to the whole of the

4-13 property, interest or benefit on the death of one or more of the other

4-14 persons.

4-15 Sec. 14. "Killer" means a person who is deemed to be a killer of a

4-16 decedent pursuant to section 20 or 21 of this act.

4-17 Sec. 15. "Payor" means a person who is authorized or obligated by

4-18 law or a governing instrument to pay or transfer any property, interest or

4-19 benefit to another person.

4-20 Sec. 16. "Person" means any of the following:

4-21 1. A natural person.

4-22 2. Any form of business or social organization and any other

4-23 nongovernmental legal entity, including, without limitation, a

4-24 corporation, partnership, association, trust or unincorporated

4-25 organization.

4-26 3. A government, a political subdivision of a government or an

4-27 agency or instrumentality of a government or a political subdivision of a

4-28 government.

4-29 Sec. 17. "Property" means anything that may be the subject of

4-30 ownership, including, without limitation, any real or personal property or

4-31 any estate in such property.

4-32 Sec. 18. For the purposes of this chapter:

4-33 1. A killing is "felonious" if it is committed without legal excuse or

4-34 justification.

4-35 2. A killing is "intentional" if it is caused by or occurs during the

4-36 commission of any act which involves a degree of culpability that is

4-37 greater than criminal negligence.

4-38 3. Insanity or diminished capacity shall be deemed not to be a legal

4-39 excuse or justification and must not be considered in determining

4-40 whether a killing is felonious or intentional.

4-41 Sec. 19. 1. Notwithstanding any other provision of law, the

4-42 provisions of this chapter apply to any appointment, nomination, power,

4-43 right, property, interest or benefit that accrues or devolves to a killer of a

5-1 decedent based upon the death of the decedent. If any such appointment,

5-2 nomination, power, right, property, interest or benefit is not expressly

5-3 covered by the provisions of this chapter, it must be treated in accordance

5-4 with the principle that a killer cannot profit or benefit from his wrong.

5-5 2. The provisions of this chapter do not abrogate or limit the

5-6 application of:

5-7 (a) The anti-lapse provisions of NRS 133.200 or the right of

5-8 representation, as defined and applied in chapter 134 of NRS, with

5-9 respect to a person who is not a killer of the decedent; or

5-10 (b) Any provision of a governing instrument that designates:

5-11 (1) A contingent or residuary beneficiary who is not a killer of the

5-12 decedent; or

5-13 (2) Any other beneficiary who is not a killer of the decedent.

5-14 3. The provisions of this chapter do not abrogate or limit any

5-15 principle or rule of the common law, unless the principle or rule is

5-16 inconsistent with the provisions of this chapter.

5-17 Sec. 20. 1. If a court in this state or any other jurisdiction enters a

5-18 judgment of conviction against a person in which the person is found to

5-19 have been a culpable actor in the felonious and intentional killing of a

5-20 decedent:

5-21 (a) The conviction conclusively establishes for the purposes of this

5-22 chapter that the person feloniously and intentionally killed the decedent;

5-23 and

5-24 (b) The person shall be deemed to be a killer of the decedent.

5-25 2. Notwithstanding the provisions of NRS 48.125 or 51.295 or any

5-26 other provision of law, a judgment of conviction described in subsection

5-27 1, including, without limitation, a judgment of conviction based upon a

5-28 plea of nolo contendere, is admissible in any civil action brought

5-29 pursuant to the provisions of this chapter.

5-30 3. For the purposes of this section:

5-31 (a) A court in "any other jurisdiction" includes, without limitation, a

5-32 tribal court or a court of the United States or the Armed Forces of the

5-33 United States.

5-34 (b) A court "enters" a judgment of conviction against a person on the

5-35 date on which guilt is admitted, adjudicated or found, whether or not:

5-36 (1) The court has imposed a sentence, a penalty or other sanction

5-37 for the conviction; or

5-38 (2) The person has exercised any right to appeal the conviction.

5-39 (c) A killing in this state that constitutes murder of the first or second

5-40 degree, as defined in NRS 200.010, 200.020 and 200.030, or voluntary

5-41 manslaughter, as defined in NRS 200.040, 200.050 and 200.060, shall be

5-42 deemed to be a felonious and intentional killing.

6-1 Sec. 21. 1. For the purposes of this chapter, an interested person

6-2 may bring a civil action alleging that a person was a culpable actor in the

6-3 felonious and intentional killing of a decedent. An interested person may

6-4 bring such a civil action whether or not any person who is alleged to be a

6-5 killer in the civil action or any other person is or has been, in a separate

6-6 criminal action, charged with or convicted or acquitted of being:

6-7 (a) A culpable actor in the felonious and intentional killing of the

6-8 decedent; or

6-9 (b) A culpable actor in any other offense arising out of the facts

6-10 surrounding the killing of the decedent.

6-11 2. If an interested person brings a civil action pursuant to this

6-12 section, the court shall determine, by a preponderance of the evidence,

6-13 whether a person who is alleged to be a killer of the decedent was a

6-14 culpable actor in the felonious and intentional killing of the decedent. If

6-15 the court finds by a preponderance of the evidence that a person who is

6-16 alleged to be a killer of the decedent was a culpable actor in the felonious

6-17 and intentional killing of the decedent:

6-18 (a) The finding of the court conclusively establishes for the purposes

6-19 of this chapter that the person feloniously and intentionally killed the

6-20 decedent; and

6-21 (b) The person shall be deemed to be a killer of the decedent.

6-22 3. If, in a separate criminal action, a person is charged with being a

6-23 culpable actor in the felonious and intentional killing of a decedent or

6-24 with any other offense arising out of the facts surrounding the killing of

6-25 the decedent and:

6-26 (a) The person is acquitted of the charge;

6-27 (b) The charge is dismissed; or

6-28 (c) A verdict or judgment is not reached or entered on the charge for

6-29 any reason,

6-30 evidence concerning any such matter is not admissible in a civil action

6-31 brought pursuant to this section.

6-32 4. Upon its own motion or the motion of an interested person, the

6-33 court may, in whole or in part, stay the proceedings in a civil action

6-34 brought pursuant to this section during the pendency of any separate

6-35 criminal action that has been brought against a person who is alleged to

6-36 be a killer in the civil action. The provisions of this subsection do not

6-37 limit the power of the court to stay the proceedings in the civil action for

6-38 any other reason.

6-39 5. A civil action described in this section may not be commenced by

6-40 an interested person more than 5 years after the interested person

6-41 discovers or through the use of reasonable diligence should have

6-42 discovered the material facts that constitute the cause of action.

7-1 Sec. 22. 1. A killer of a decedent forfeits any appointment,

7-2 nomination, power, right, property, interest or benefit that, pursuant to

7-3 the provisions of Title 12 of NRS or the common law, accrues or devolves

7-4 to the killer from or through the estate of the decedent, including,

7-5 without limitation:

7-6 (a) An intestate share.

7-7 (b) An elective share.

7-8 (c) The share of an omitted spouse or child.

7-9 (d) A family allowance.

7-10 (e) A homestead allowance.

7-11 (f) Any exempt property.

7-12 2. The intestate estate of the decedent passes as if the killer had

7-13 predeceased the decedent, and any other appointment, nomination,

7-14 power, right, property, interest or benefit described in subsection 1 must

7-15 be treated as if the killer had predeceased the decedent.

7-16 Sec. 23. 1. Except as otherwise provided in section 24 of this act, a

7-17 killer of a decedent forfeits any appointment, nomination, power, right,

7-18 property, interest or benefit that, pursuant to the provisions of a

7-19 governing instrument executed by the decedent or any other person,

7-20 accrues or devolves to the killer based upon the death of the decedent.

7-21 2. In addition to any forfeiture required by subsection 1, if a

7-22 governing instrument provides for the payment of certain benefits only

7-23 upon the death of a decedent, a killer of the decedent forfeits any right or

7-24 interest that the killer is entitled to assert against those benefits on the

7-25 basis that community property was used, in whole or in part, to purchase

7-26 the governing instrument or to pay one or more contributions or

7-27 premiums that were related to the governing instrument.

7-28 3. If a killer of a decedent forfeits any appointment, nomination,

7-29 power, right, property, interest or benefit pursuant to this section, the

7-30 provisions of each governing instrument affected by the forfeiture must

7-31 be treated as if the killer had predeceased the decedent.

7-32 Sec. 24. 1. A killer of a decedent forfeits any right of survivorship

7-33 in property that, at the time of the killing, was held by the decedent and

7-34 the killer as community property with right of survivorship or as joint

7-35 tenants with right of survivorship.

7-36 2. If a killer forfeits any right of survivorship pursuant to subsection

7-37 1:

7-38 (a) The respective interests in the property held by the decedent and

7-39 the killer:

7-40 (1) Shall be deemed to be severed and transformed into tenancies in

7-41 common; and

7-42 (2) Are presumed to be undivided equal interests in the property,

7-43 unless a personal representative of the decedent establishes that the

8-1 contributions made by the decedent concerning the property exceeded the

8-2 contributions made by the killer; and

8-3 (b) The interest of the decedent passes as the separate property of the

8-4 decedent and as if the killer had predeceased the decedent.

8-5 Sec. 25. 1. A killer of a decedent may not:

8-6 (a) Bring an action for wrongful death of the decedent pursuant to

8-7 NRS 41.085; or

8-8 (b) Benefit in any way from such an action brought by a personal

8-9 representative of the decedent.

8-10 2. Each person who may bring or benefit from an action for

8-11 wrongful death of the decedent pursuant to NRS 41.085 must be

8-12 determined as if the killer had predeceased the decedent.

8-13 Sec. 26. Except as otherwise provided by specific statute, if a payor

8-14 or other third person, in good faith, pays or transfers any property,

8-15 interest or benefit to a beneficiary in accordance with the provisions of a

8-16 governing instrument, the payor or other third person is not liable to

8-17 another person who alleges that the payment or transfer to the

8-18 beneficiary violated the provisions of this chapter unless, before the

8-19 payment or transfer, the payor or other third person had actual

8-20 knowledge that the beneficiary was prohibited from acquiring or

8-21 receiving the property, interest or benefit pursuant to the provisions of

8-22 this chapter.

8-23 Sec. 27. 1. Except as otherwise provided in subsection 2, if a

8-24 person, without legal right or authorization, acquires or receives any

8-25 property, interest or benefit forfeited by a killer pursuant to the

8-26 provisions of this chapter, the person is required to transfer the property,

8-27 interest or benefit to the beneficiary who is entitled to it pursuant to the

8-28 provisions of this chapter, or the person is liable to such beneficiary for

8-29 the value of the property, interest or benefit.

8-30 2. The provisions of subsection 1 do not apply to a person who:

8-31 (a) Acquired the property, interest or benefit for value and without

8-32 notice; or

8-33 (b) Received the property, interest or benefit in full or partial

8-34 satisfaction of a legally enforceable obligation and without notice.

8-35 Sec. 28. 1. If a killer, for value or otherwise, transfers to a third

8-36 person any property, interest or benefit forfeited by the killer pursuant to

8-37 the provisions of this chapter, the killer is required to recover and

8-38 transfer the property, interest or benefit to the beneficiary who is entitled

8-39 to it pursuant to the provisions of this chapter, or the killer is liable to

8-40 such beneficiary for the value of the property, interest or benefit.

8-41 2. If any federal law preempts any provision of this chapter requiring

8-42 a killer to forfeit any property, interest or benefit and the property,

8-43 interest or benefit accrues or devolves to the killer because of the

9-1 preemption, the killer is required to transfer the property, interest or

9-2 benefit to the beneficiary who, in the absence of the preemption, would

9-3 have been entitled to it pursuant to the provisions of this chapter, or the

9-4 killer is liable to such beneficiary for the value of the property, interest or

9-5 benefit.

9-6 Sec. 29. NRS 41.085 is hereby amended to read as follows:

9-7 41.085 1. As used in this section, "heir" means a person who, under

9-42 subsection are liable for the debts of the decedent unless exempted by law.

10-1 Sec. 30. NRS 62.216 is hereby amended to read as follows:

10-2 62.216 1. A child adjudicated pursuant to this chapter is not a

10-11 service.

10-12 Sec. 31. NRS 123.250 is hereby amended to read as follows:

10-13 123.250 1. [Upon] Except as otherwise provided in subsection 2,

10-29 property was acquired before, on or after July 1, 1975.

10-30 3. As used in this section, "community property with right of

10-31 survivorship" means community property in which a right of

10-32 survivorship exists pursuant to NRS 111.064 or 115.060 or any other

10-33 provision of law.

10-34 Sec. 32. NRS 134.005 is hereby amended to read as follows:

10-35 134.005 [1. With the exception of NRS 134.007 and 134.010, the

10-43 of NRS.

11-1 Sec. 33. NRS 134.010 is hereby amended to read as follows:

11-2 134.010 [Upon the death of either the husband or the wife] If a

11-7 123.250 [.] ; and

11-8 3. The provisions of this chapter apply only to the separate property

11-9 of the decedent.

11-10 Sec. 34. NRS 134.030 is hereby amended to read as follows:

11-11 134.030 [Except as provided in NRS 134.007, when any person

11-17 inclusive.

11-18 Sec. 35. NRS 111.067, 134.007 and 688A.420 are hereby repealed.

11-19 Sec. 36. The amendatory provisions of this act do not apply to a

11-20 decedent who died before the effective date of this act.

11-21 Sec. 37. This act becomes effective upon passage and approval.

11-22 TEXT OF REPEALED SECTIONS

11-23 111.067 Joint tenancy in real and personal property: Murderer

11-37 and the share of the decedent becomes part of the decedent’s estate.

12-1 134.007 Murderer ineligible to succeed to community or separate

12-15 the other persons entitled to it under the provisions of this chapter.

12-16 688A.420 Person convicted of or determined to have committed

12-33 the proceeds must be placed in the estate of the decedent.