S.F. 2051 Section 1. Section 633.536, Code 2014, is amended to read 1 as follows: 2 633.536 Procedure to deny benefits to a person causing death. 3 A determination under section 633.535 may be made by any 4 court of competent jurisdiction by a preponderance of the 5 evidence separate and apart from any criminal proceeding 6 arising from the death. However, such a civil proceeding 7 shall not proceed to trial, and the person causing death is 8 not required to submit to discovery in such a civil proceeding 9 until the criminal proceeding has been finally determined 10 by the trial court, or in the event no criminal charge has 11 been brought, until six months after the date of death. A 12 person convicted of murder or voluntary manslaughter of the 13 decedent is conclusively presumed to have intentionally and 14 unjustifiably caused the death for purposes of this section and 15 section 633.535 . A person convicted of a felony perpetrated 16 against the decedent in the year immediately prior to the 17 decedent’s death is presumed to have intentionally and 18 unjustifiably caused the death for purposes of section 633.535, 19 subsection 3, and this section. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to restrictions on the receipt by certain 24 felons of certain insurance proceeds and other benefits. 25 The bill provides that a person convicted of a felony 26 perpetrated against a decedent in the year immediately prior 27 to the decedent’s death is presumed to have intentionally and 28 unjustifiably caused the decedent’s death. If that presumption 29 prevails, the person is not entitled, as a named beneficiary 30 of a bond, life insurance policy, or any other contractual 31 arrangement, to any benefit under the bond, policy, or other 32 contractual arrangement, and the benefits become payable as 33 though the person causing death had predeceased the decedent. 34 -1- LSB 5378XS (3) 85 rj/nh 1/ 1