101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4251

 

Introduced 1/27/2020, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/2-6.1 new

    Amends the Descent and Distribution Article of the Probate Act of 1975. Creates Pam's Law. Provides that a person who intentionally and unjustifiably causes the death of another is disqualified from being: (1) a personal representative of the decedent; (2) the executor or administrator of the decedent's estate; and (3) the person who has the right to determine the method for disposing of the body. Provides that in any case in which a preponderance of the evidence shows that the surviving spouse or next of kin caused the death of another, the court may disqualify the spouse or next of kin on an interim basis and appoint a special administrator for the limited purpose of investigating, presenting, and proving a claim. Provides that the Act applies retroactively to any death caused by intentional and unjustifiable means that is still subject to prosecution under any applicable criminal statute of limitations.


LRB101 16761 LNS 66153 b

 

 

A BILL FOR

 

HB4251LRB101 16761 LNS 66153 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by adding
5Section 2-6.1 as follows:
 
6    (755 ILCS 5/2-6.1 new)
7    Sec. 2-6.1. Person causing death; additional
8disqualifications.
9    (a) A person who intentionally and unjustifiably causes the
10death of another is disqualified from being:
11        (1) a personal representative of the decedent under
12    subsection (a) of Section 2 of the Wrongful Death Act;
13        (2) the executor or administrator of the decedent's
14    estate under Section 28-2 of this Act; and
15        (3) a person who has the right to determine the method
16    for disposing of the body of a decedent under subsection
17    (b) of Section 2 of the Autopsy Act.
18    A person intentionally and unjustifiably causes the death
19of another when the person is: (i) convicted of a crime under
20subsection (e) of Section 2 of the Wrongful Death Act; or (ii)
21proven by clear and convincing evidence in a probate proceeding
22to have intentionally and unjustifiably caused the decedent's
23death.

 

 

HB4251- 2 -LRB101 16761 LNS 66153 b

1    (b) In any case in which a claimant proves by a
2preponderance of the evidence to a court of competent
3jurisdiction that the surviving spouse or next of kin caused
4the death of another, the court may disqualify the spouse or
5next of kin on an interim basis and appoint a special
6administrator for the limited purpose of investigating,
7presenting, and proving a claim under this Section.
8    (c) The court shall establish all procedures necessary to
9permit and effectuate the bringing of claims under subsections
10(a) and (b).
11    (d) This Section applies retroactively to any death caused
12by intentional and unjustifiable means that is still subject to
13prosecution under any applicable criminal statute of
14limitations.
15    (e) This Section may be referred to as Pam's Law.