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A BILL TO BE ENTITLED
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AN ACT
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relating to the forfeiture of rights and interests of certain |
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heirs, devisees, and legatees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41, Texas Probate Code, is amended by |
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amending Subsection (d) and adding Subsections (e) and (f) to read |
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as follows: |
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(d) Convicted Persons and Suicides. No conviction shall |
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work corruption of blood or forfeiture of estate, except as |
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provided by Subsection (e) of this section. There may be no [in the
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case of a beneficiary in a life insurance policy or contract who is
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convicted and sentenced as a principal or accomplice in wilfully
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bringing about the death of the insured, in which case the proceeds
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of such insurance policy or contract shall be paid as provided in
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the Insurance Code of this State, as same now exists or is hereafter
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amended; nor shall there be any] forfeiture of estate by reason of |
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death by casualty; and the estates of those who destroy their own |
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lives shall descend or vest as in the case of natural death. |
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(e) A person who is convicted of an offense under Section |
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19.02 or 19.03, Penal Code, or under the laws of another state for |
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an offense containing elements that are substantially similar to |
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the elements of an offense under Section 19.02 or 19.03, Penal Code, |
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shall forfeit a right or interest granted to the person under the |
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terms of a decedent's will or by inheritance from a decedent's |
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estate if the decedent was the victim of the offense. |
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(f) A person who forfeits a right or interest described by |
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Subsection (e) of this section is treated, for the purpose of the |
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distribution of the estate, as if the person predeceased the |
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decedent. |
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SECTION 2. Article 1.19, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 1.19. CORRUPTION OF BLOOD, ETC. Except as provided by |
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Section 41, Texas Probate Code, no [No] conviction shall work |
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corruption of blood or forfeiture of estate. |
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SECTION 3. (a) The changes in law made by this Act apply |
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only to a person convicted of an offense committed on or after the |
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effective date of this Act. For purposes of this section, an offense |
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is committed before the effective date of this Act if any element of |
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the offense occurs before the effective date. |
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(b) A person who is convicted of an offense committed before |
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the effective date of this Act is covered by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect on the date the |
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constitutional amendment proposed by the 80th Legislature, Regular |
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Session, 2007, relating to the forfeiture of rights and interests |
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of certain heirs, devisees, and legatees takes effect. If that |
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amendment is not approved by the voters, this Act has no effect. |