Chapter 270 Oregon Laws 2005

AN ACT

HB 2415

Relating to abuse of vulnerable persons; creating new provisions; and amending ORS 112.455, 112.465, 112.475, 112.485, 112.495, 112.505, 112.515, 112.525, 112.535 and 112.545.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 112.455 is amended to read:

112.455. As used in ORS 112.455 to 112.555:

(1) “Abuser” means a person who is convicted of a felony by reason of conduct that constitutes physical abuse as described in ORS 124.105 or financial abuse as described in ORS 124.110.

[(1)] (2) “Decedent” means:

(a) A person whose life is taken by a slayer; or

(b) A person whose date of death is not later than five years after an abuser is convicted of a felony by reason of conduct against the person that constitutes physical abuse as described in ORS 124.105 or financial abuse as described in ORS 124.110.

[(2)] (3) “Slayer” means a person who, with felonious intent, takes or procures the taking of the life of [another] a decedent.

SECTION 2. ORS 112.465 is amended to read:

112.465. Property that would have passed by intestate succession, by will or by trust from [the] a decedent or the estate of the decedent to [the slayer] a person who was a slayer or an abuser of the decedent, passes and vests [by intestate succession, by will or by trust shall pass and be vested] as if the slayer or abuser had predeceased the decedent.

SECTION 3. ORS 112.475 is amended to read:

112.475. If [the] a slayer of a decedent and the decedent, or an abuser of a decedent and the decedent, owned property as tenants by the entirety or with a right of survivorship, upon the death of the decedent an undivided one-half interest [shall remain] remains in the slayer or abuser for the lifetime of the slayer or abuser and[,] subject [thereto,] to that interest the property [shall pass to and be] passes to and is vested in the heirs or devisees of the decedent other than the slayer or abuser.

SECTION 4. ORS 112.485 is amended to read:

112.485. If [the] a slayer of a decedent, the decedent and [another or others] one or more other persons owned property with a right of survivorship, or if an abuser of a decedent, the decedent and one more other persons owned property with a right of survivorship, upon the death of the decedent the interest of the slayer or abuser [shall remain] remains as an undivided interest in the slayer or abuser for the lifetime of the slayer or abuser and[,] subject [thereto,] to that interest the property [shall pass to and be] passes to and is vested in the other surviving owner or owners.

SECTION 5. ORS 112.495 is amended to read:

112.495. (1) Property in which [the] a slayer of a decedent, or an abuser of a decedent, owns a reversion or vested remainder subject to an estate for the lifetime of the decedent [shall pass] passes to the heirs or devisees of the decedent for a period of time equal to the normal life expectancy of a person of the sex and age of the decedent at the time of death. If the particular estate is owned by a third person for the lifetime of the decedent, [it shall continue] the estate continues in [such] the third person for a period of time equal to the normal life expectancy of a person of the sex and age of the decedent at the time of death.

(2) As to a contingent remainder or executory or other future interest owned by [the] a slayer of a decedent or an abuser of a decedent [subject to become] that becomes vested in the slayer or abuser or increased in any way for the slayer or abuser upon [the condition of] the death of the decedent:

(a) If the interest would not have increased or become vested [or increased] if the slayer or abuser had predeceased the decedent, the slayer or abuser [shall be] is considered to have [so] predeceased the decedent; and

(b) In any case, the interest shall not be so vested or increased during a period of time equal to the normal life expectancy of a person of the sex and age of the decedent at the time of death.

SECTION 6. ORS 112.505 is amended to read:

112.505. (1) Property appointed by the will of the decedent to or for the benefit of [the] a slayer of a decedent or an abuser of a decedent [shall be] is distributed as if the slayer or abuser had predeceased the decedent.

(2) Property owned either presently or in remainder by [the] a slayer of a decedent or an abuser of a decedent, subject to be divested by the exercise by the decedent of a power of revocation or a general power of appointment, [shall pass to and be] passes to and is vested in the heirs or devisees of the decedent other than the slayer or abuser. Property so owned by the slayer or abuser, subject to be divested by the exercise by the decedent of a power of appointment to a particular person or persons or to a class of persons, [shall pass to such] passes to the person or persons or in equal shares to the members of [such] the class of persons to the exclusion of the slayer or abuser.

SECTION 7. ORS 112.515 is amended to read:

112.515. Proceeds payable to or for the benefit of [the] a slayer of a decedent or an abuser of a decedent as beneficiary or assignee of the decedent of the following interests shall be paid to the secondary beneficiary, or if there is no secondary beneficiary, to the personal representative of the decedent’s estate:

(1) A policy or certificate of insurance on the life of the decedent.

(2) A certificate of membership in any benevolent association or organization on the life of the decedent.

(3) Rights of the decedent as survivor of a joint life policy.

(4) Proceeds under any pension, profit-sharing or other plan.

SECTION 8. ORS 112.525 is amended to read:

112.525. If [the] a decedent is beneficiary or assignee of any policy or certificate of insurance on the life of [the] a slayer of the decedent or an abuser of the decedent, the proceeds shall be paid to the personal representative of the decedent’s estate unless:

(1) The policy or certificate names some person other than the slayer or abuser, or the personal representative of the slayer or abuser, as the secondary beneficiary.

(2) The slayer or abuser, by naming a new beneficiary or assignee, performs an act which would have deprived the decedent of the interest of the decedent if the decedent had been living.

SECTION 9. ORS 112.535 is amended to read:

112.535. Any insurance company making payment according to the terms of its policy, or any financial institution, trustee or other person performing an obligation to [the] a slayer of a decedent or an abuser of a decedent [shall not be subjected] is not subject to additional liability because of ORS 112.455 to 112.555 if the payment or performance is made without written notice by a claimant of a claim arising under those sections. Upon receipt of written notice the person to whom it is directed may withhold any disposition of the property pending determination of the duties of the person.

SECTION 10. ORS 112.545 is amended to read:

112.545. ORS 112.455 to 112.555 do not affect the rights of any person who for value and without notice purchases or agrees to purchase property that [the] a slayer of a decedent or an abuser of a decedent would have acquired except for [those sections] ORS 112.455 to 112.555, but all proceeds received by the slayer or abuser from the sale shall be held by the slayer or abuser in trust for the persons entitled to the property as provided in [those sections] ORS 112.455 to 112.555. The slayer [shall be] or abuser is liable for any portion of the proceeds of the sale that the slayer [may have expended] or abuser spends and for the difference, if any, between the amount received from the sale and the actual value of the property.

SECTION 11. (1) Except as provided by subsection (2) of this section, the amendments to ORS 112.455, 112.465, 112.475, 112.485, 112.495, 112.505, 112.515, 112.525, 112.535 and 112.545 by sections 1 to 10 of this 2005 Act apply to all conduct that constitutes physical abuse as described in ORS 124.105 or financial abuse as described in ORS 124.110, whether occurring before, on or after the effective date of this 2005 Act.

(2) The amendments to ORS 112.455, 112.465, 112.475, 112.485, 112.495, 112.505, 112.515, 112.525, 112.535 and 112.545 by sections 1 to 10 of this 2005 Act do not apply to persons who die before the effective date of this 2005 Act.

Approved by the Governor June 20, 2005

Filed in the office of Secretary of State June 21, 2005

Effective date January 1, 2006

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