HP0594, LD 787, item 1, An Act To Establish an Elder Victims Restitution Fund

An Act To Establish an Elder Victims Restitution Fund

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 18-A MRSA §2-105, as enacted by PL 1979, c. 540, §1, is amended to read:

§ 2-105. No taker

If there is no taker under the provisions of this Article, the intestate estate passes to the State , except that an amount of funds included in the estate up to the total amount of restitution paid to the decedent pursuant to a court order for a crime of which the decedent was the victim passes to the Elder Victims Restitution Fund established in Title 34-A, section 1214-A to be used to compensate elderly victims of financial crimes.

Sec. 2. 18-A MRSA §2-803, as enacted by PL 1979, c. 540, §1, is amended to read:

§ 2-803. Effect of criminal conviction on intestate succession, wills, joint assets, life insurance and beneficiary designations

(a). A surviving spouse, heir or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or under this Article, and the estate of decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.

(b). Any joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as his the decedent's property and the killer has no rights by survivorship. This provision applies to joint tenancies in real and personal property, joint and multiple-party accounts in banks, savings and loan associations, credit unions and other institutions, and any other form of coownership with survivorship incidents.

(c). A named beneficiary of a bond, life insurance policy, or other contractual arrangement who feloniously and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy or other contractual arrangement, and it becomes payable as though the killer had predeceased the decedent.

(d). Any other acquisition of property or interest by the killer shall must be treated in accordance with the principles of this section.

(e). A final judgment of conviction of felonious and intentional killing is conclusive for purposes of this section. In the absence of a conviction of felonious and intentional killing a Court may determine by clear and convincing evidence whether the killing was felonious and intentional for purposes of this section.

(f). This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which that the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.

(g). A person who has been convicted of a crime of which the decedent was a victim may not benefit under the will or under this Article; benefit from property owned jointly with the decedent; benefit under a bond, life insurance policy or other contractual arrangement in which the principal obligee or the person upon whose life the policy is issued is the decedent; or benefit from any other acquisition of property in which the decedent had an interest to the extent that an acquisition of property or interest by the offender does not exceed the amount of restitution owed to the decedent by that person as a result of the sentence for the crime.

Sec. 3. 34-A MRSA §1214-A is enacted to read:

§ 1214-A. Elder Victims Restitution Fund

The Elder Victims Restitution Fund, referred to in this section as "the fund," is established for the purpose of compensating elder victims of financial crimes.

1. Definition. As used in this section, unless the context otherwise indicates, the term "elder victim" means a victim of a crime who is 65 years of age or older.

2. Administration. The Victim Services Coordinator under section 1214 shall administer the fund. All administrative costs of the fund must be absorbed by the department.

3. Funding. Money collected pursuant to Title 18-A, section 2-105 must be deposited into the fund. The fund may also receive private donations, federal funds and state funds designated by law.

4. Use. The fund may be used for the payment of claims of elder victims of financial crimes who are entitled to receive restitution from offenders as a result of the sentences for the crimes in cases in which those offenders are not meeting their restitution obligations.

5. Rules. The commissioner may adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, to carry out the purposes of this section.

summary

This bill establishes the Elder Victims Restitution Fund to compensate elder victims of financial crimes who are entitled to receive restitution from offenders but who are not receiving that restitution. The fund receives money from estates passing to the State of people who received restitution. The bill provides that a person who has been convicted of a crime of which a decedent was a victim may not benefit under the will of that decedent or by virtue of property held jointly with the decedent or contracts concerning the decedent to the extent of restitution owed by the person who has been convicted of a crime.

HP0594 LD 787	First Regular Session - 125th Maine Legislature		LR 1002 Item 1
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