BILL REQ. #:  H-4610.1 

Read first time 01/25/10.   Referred to Committee on Judiciary.

     AN ACT Relating to including persons acquitted by reason of insanity within the slayer statute; and amending RCW 11.84.010, 11.84.130, 11.84.140, and 41.04.273.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 11.84.010 and 2009 c 525 s 1 are each amended to read as follows:
     As used in this chapter:
     (1) "Abuser" means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult.
     (2) "Decedent" means:
     (a) Any person whose life is taken by a slayer; or
     (b) Any deceased person who, at any time during life in which he or she was a vulnerable adult, was the victim of financial exploitation by an abuser.
     (3) "Financial exploitation" has the same meaning as provided in RCW 74.34.020, as enacted or hereafter amended.
     (4) "Property" includes any real and personal property and any right or interest therein.
     (5) "Slayer" means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful killing of any other person. A person who is acquitted by reason of insanity of the killing of a person is deemed to be a slayer within the meaning of this chapter.
     (6) "Vulnerable adult" has the same meaning as provided in RCW 74.34.020.

Sec. 2   RCW 11.84.130 and 2009 c 525 s 13 are each amended to read as follows:
     Any record of conviction or acquittal by reason of insanity for having participated in the willful and unlawful killing of the decedent or for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, shall be admissible in evidence against a claimant of property in any civil proceeding arising under this chapter.

Sec. 3   RCW 11.84.140 and 2009 c 525 s 14 are each amended to read as follows:
     (1) A final judgment of conviction or acquittal by reason of insanity for the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section.
     (2) In the absence of a criminal conviction or acquittal by reason of insanity, a superior court finding by a preponderance of the evidence that a person participated in the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section.

Sec. 4   RCW 41.04.273 and 2009 c 525 s 19 are each amended to read as follows:
     (1) For purposes of this section, the following definitions shall apply:
     (a) "Abuser" has the same meaning as provided in RCW 11.84.010.
     (b) "Decedent" means any person who is entitled to benefits from the Washington state department of retirement systems by written designation or by operation of law:
     (i) Whose life is taken by a slayer; or
     (ii) Who is deceased and who, at any time during life in which he or she was a vulnerable adult, was the victim of financial exploitation by an abuser, except as provided in RCW 11.84.170.
     (c) "Slayer" means a slayer as defined in RCW 11.84.010.
     (2) Property that would have passed to or for the benefit of a beneficiary under one of the retirement systems listed in RCW 41.50.030 shall not pass to that beneficiary if the beneficiary was a slayer or abuser of the decedent and the property shall be distributed as if the slayer or abuser had predeceased the decedent.
     (3) A slayer or abuser is deemed to have predeceased the decedent as to property which, by designation or by operation of law, would have passed from the decedent to the slayer or abuser because of the decedent's entitlement to benefits under one of the retirement systems listed in RCW 41.50.030.
     (4)(a) The department of retirement systems has no affirmative duty to determine whether a beneficiary is, or is alleged to be, a slayer or abuser. However, upon receipt of written notice that a beneficiary is a defendant in a civil lawsuit or probate proceeding that alleges the beneficiary is a slayer or abuser, or is charged with a crime that, if committed, means the beneficiary is a slayer or abuser, the department of retirement systems shall determine whether the beneficiary is a defendant in such a civil proceeding or has been formally charged in court with the crime, or both. If so, the department shall withhold payment of any benefits until:
     (i) The case or charges, or both if both are pending, are dismissed;
     (ii) The beneficiary is found not guilty in the criminal case or prevails in the civil proceeding, or both if both are pending; or
     (iii) The beneficiary is convicted or acquitted by reason of insanity, or is found to be a slayer or abuser in the civil proceeding.
     (b) If the case or charges, or both if both are pending, are dismissed or if a beneficiary is found not guilty or prevails in the civil proceeding, or both if both are pending, the department shall pay the beneficiary the benefits the beneficiary is entitled to receive. If the beneficiary is convicted, acquitted by reason of insanity, or found to be a slayer or abuser in a civil proceeding, the department shall distribute the benefits according to subsection (2) of this section.
     (5) Any record of conviction or acquittal by reason of insanity for having participated in the willful and unlawful killing of the decedent or for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, shall be admissible in evidence against a claimant of property in any civil action arising under this section.
     (6) In the absence of a criminal conviction or acquittal by reason of insanity, a superior court may determine:
     (a) By a preponderance of the evidence whether a person participated in the willful and unlawful killing of the decedent;
     (b) By clear, cogent, and convincing evidence whether a person participated in conduct constituting financial exploitation against the decedent, as provided in chapter 11.84 RCW.
     (7) This section shall not subject the department of retirement systems to liability for payment made to a slayer or abuser or alleged slayer or abuser, prior to the department's receipt of written notice that the slayer or abuser has been convicted or acquitted by reason of insanity of, or the alleged slayer or abuser has been formally criminally or civilly charged in court with, the death or financial exploitation of the decedent. If the conviction or civil judgment of a slayer or abuser is reversed on appeal, the department of retirement systems shall not be liable for payment made prior to the receipt of written notice of the reversal to a beneficiary other than the person whose conviction or civil judgment is reversed.