Bill Text: NY A03009 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the estates, powers and trusts law, in relation to the distribution of a decedent's estate

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Introduced - Dead) 2010-05-25 - held for consideration in judiciary [A03009 Detail]

Download: New_York-2009-A03009-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3009
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced  by  M.  of  A.  BARCLAY, WALKER, ERRIGO, HAWLEY, McKEVITT --
         Multi-Sponsored by --  M.    of  A.  BACALLES,  CROUCH,  OAKS,  QUINN,
         SAYWARD,  THIELE,  TOWNSEND -- read once and referred to the Committee
         on Judiciary
       AN ACT to amend the estates, powers and trusts law, in relation  to  the
         distribution of a decedent's estate
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The estates, powers and trusts law is amended by  adding  a
    2  new section 4-1.3 to read as follows:
    3  S  4-1.3  DISQUALIFICATION OF CERTAIN PERSONS FROM TAKING A DISTRIBUTIVE
    4            SHARE
    5    (A) NO DISTRIBUTIVE SHARE IN THE ESTATE OF A DECEDENT SHALL BE ALLOWED
    6  TO A PERSON CONVICTED OF  COMMITTING  OR  ATTEMPTING  TO  COMMIT  A  SEX
    7  OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW WHERE THE
    8  VICTIM WAS THE DECEDENT.
    9    (B) IN THE EVENT THAT A PERSON IS DISQUALIFIED FROM TAKING A DISTRIBU-
   10  TIVE  SHARE  IN THE ESTATE OF A DECEDENT, UNDER THIS SECTION, THE ESTATE
   11  OF SUCH DECEDENT SHALL BE DISTRIBUTED IN ACCORDANCE WITH 4-1.1 AS THOUGH
   12  SUCH PERSON HAD PREDECEASED THE DECEDENT.
   13    S 2. This act shall take effect on the first of January next  succeed-
   14  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02972-01-9