PRINTER'S NO. 3395

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2754

Session of

2022

INTRODUCED BY SCHEMEL, BOBACK, CIRESI, DeLUCA, ECKER, GLEIM,

KAUFFMAN, MENTZER, MILLARD, MOUL, RAPP AND RYAN,

JULY 21, 2022

conforming amendments.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2106(c) of Title 20 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 2106. Forfeiture.

* * *

(c) Slayer's share.--Any person who participates either as a

principal or as an accessory before the fact in the willful and

property or receive any benefits upon the death of the victim,

but such property or benefits shall be distributed as provided

in Chapter 88.

* * *

Section 2. Section 2507(5) is amended and the section is

amended by adding a paragraph to read:

§ 2507. Modification by circumstances.

Wills shall be modified upon the occurrence of any of the

following circumstances, among others:

slayers and elder abusers).

offenses constituting elder abuse shall not in any way

acquire property or receive any benefits upon the death of

the victim, but such property or benefits shall be

distributed as provided by Chapter 88.

Section 3. Chapter 88 heading of Title 20 is amended to

read:

SLAYERS AND ELDER ABUSERS

principal or as an accessory before the fact, in the willful and

unlawful killing of any other person.]

§ 8801. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Decedent." [Means any] A person whose life is so taken.

"Elder abuse." An offense under 18 Pa.C.S. Chs. 27 (relating

to assault), 31 (relating to sexual offenses), 39 (relating to

theft and related offenses) and 41 (relating to forgery and

"Property." [Includes any real] Real and personal property

and any right or interest therein.

"Slayer." A person who participates, either as a principal

or as an accessory before the fact, in the willful and unlawful

killing of any other person.

"Victim." A person who is 60 years of age or older against

whom elder abuse is committed.

Section 5. Title 20 is amended by adding a section to read:

§ 8802.1. Elder abuser not to acquire property.

No elder abuser may acquire any property or receive any

amended to read:

§ 8803. Descent, distribution, dower, curtesy, and statutory

rights as survivor.

The slayer or elder abuser shall be deemed to have

predeceased the decedent or victim as to property which would

have passed from the decedent or victim or his estate to the

slayer or elder abuser under the statutes of descent and

distribution or have been acquired by dower, by curtesy or by

statutory right as surviving spouse.

§ 8804. Legacies.

and the decedent or victim as tenants by the entirety shall pass

upon the death of the decedent or victim to his estate, and the

other half shall be held by the slayer or elder abuser during

his life, subject to pass upon his death to the estate of the

decedent or victim.

§ 8806. Joint tenants, joint owners and joint obligees.

(a) Joint ownership by slayer or elder abuser and decedent

or victim.--One-half of any property held by the slayer or elder

abuser and the decedent or victim as joint tenants, joint owners

or joint obligees shall pass upon the death of the decedent or

(b) Joint ownership by three or more persons.--As to

property held jointly by three or more persons, including the

slayer or elder abuser and the decedent or victim, any

enrichment which would have accrued to the slayer or elder

abuser as a result of the death of the decedent or victim shall

pass to the estate of the decedent or victim. If the slayer or

elder abuser becomes the final survivor, one-half of the

property shall immediately pass to the estate of the decedent or

victim and the other half shall pass to his estate upon the

death of the slayer or elder abuser, unless the slayer or elder

other.

§ 8807. Reversions and vested remainders.

Property in which the slayer or elder abuser holds a

reversion or vested remainder and would have obtained the right

of present possession upon the death of the decedent or victim

shall pass to the estate of the decedent or victim during the

period of the life expectancy of the decedent or victim; if he

held the particular estate or if the particular estate is held

by a third person it shall remain in his hands for such period.

§ 8808. Interests dependent on survivorship or continuance of

or lives to a certain age, shall be held by the slayer or elder

abuser during his lifetime or until the decedent or victim would

have reached such age, but shall then pass as if the decedent or

victim had died immediately thereafter.

§ 8809. Contingent remainders and executory or other future

interests.

As to any contingent remainder or executory or other future

interest held by the slayer or elder abuser, subject to become

vested in him or increased in any way for him upon the condition

of the death of the decedent or victim:

decedent or victim.

§ 8810. Powers of appointment.

(a) Property appointed by will.--Property appointed by the

will of the decedent or victim to or for the benefit of the

slayer or elder abuser shall be distributed as if the slayer or

elder abuser had predeceased the decedent or victim.

(b) Other property.--Property held either presently or in

remainder by the slayer or elder abuser, subject to be divested

by the exercise by the decedent or victim of a power of

revocation or a general power of appointment shall pass to the

pass to such person or persons, or in equal shares to the

members of such class of persons, exclusive of the slayer or

elder abuser.

§ 8811. Proceeds of insurance.

(a) Policies on life of decedent or victim.--Insurance

proceeds payable to the slayer or elder abuser as the

beneficiary or assignee of any policy or certificate of

insurance on the life of the decedent or victim, or as the

survivor of a joint life policy, shall be paid to the estate of

the decedent or victim, unless the policy or certificate

or victim upon the death of the slayer or elder abuser, unless

the policy names some person other than the slayer or elder

abuser or his estate as alternative beneficiary, or unless the

slayer or elder abuser by naming a new beneficiary or assigning

the policy performs an act which would have deprived the

decedent or victim of his interest in the policy if he had been

living.

§ 8812. Bona fide payment by insurance company or obligor.

Any insurance company making payment according to the terms

of its policy or any bank or other person performing an

an elder abuser.

§ 8813. Bona fide purchasers.

The provisions of this chapter shall not affect the rights of

any person who, before the interests of the slayer or elder

abuser have been adjudicated, purchases from the slayer or elder

abuser for value and without notice property which the slayer or

elder abuser would have acquired except for the terms of this

chapter, but all proceeds received by the slayer or elder abuser

from such sale shall be held by him in trust for the persons

entitled to the property under the provisions of this title, and

willful and unlawful killing of the decedent or the elder abuse

of a victim shall be admissible in evidence against a claimant

of property in any civil action arising under this chapter.

§ 8814.1. Preadjudication rule.

(a) [General rule] Escrow required.--

information or otherwise, by the United States, the

Commonwealth or any of the several states, with voluntary

manslaughter or homicide, except homicide by vehicle, in

connection with a decedent's death, then any and all property

or upon the return of a verdict of not guilty, the property

or benefit held in escrow shall pass as if no charge had been

filed or made. Upon conviction of the charge, the property or

benefit held in escrow shall pass in accordance with the

terms and provisions of this chapter.

information or otherwise, by the United States, the

Commonwealth or any of the several states, with any of the

offenses of elder abuse defined by this chapter or offenses

as provided in Federal law and the laws of another state

held in escrow shall pass as if no charge had been filed or

made. Upon conviction of the charge, the property or benefit

held in escrow shall pass in accordance with the terms and

provisions of this chapter.

(b) Exception.--Notwithstanding subsection (a), the duly

appointed personal representative shall be authorized upon

notice to all interested parties, including, but not limited to,

the accused, to petition the orphans' court division of the

court of common pleas in the county where the estate lies for

payment from the escrowed funds of child support and related