Texas House Bill HB4030

Texas 2017 - 85th Regular

Caption

Relating to the life insurance policy proceeds of an insured defendant indicted for certain offenses under the Penal Code.

Impact

The bill establishes a legal framework for managing life insurance proceeds that could provide compensation to victims in the event of a defendant's death before their case is resolved. Under this bill, if the defendant dies before their charges are adjudicated, the court appoints a trustee to manage the life insurance proceeds. This trustee is responsible for holding the funds in trust until the statute of limitations expires on any civil claims against the defendant from the victim, thereby aiming to ensure that any necessary restitution to victims can be obtained before any excess funds are released to the defendant's beneficiaries.

Summary

House Bill 4030 addresses the issue of how life insurance policy proceeds are handled when an insured individual is indicted for specific offenses under the Texas Penal Code. The bill mandates that if a defendant is indicted or waives their right to indictment for designated offenses, the court must determine if they have life insurance coverage. Should this be the case, the court is required to notify both the insurance companies and the victims of the offense regarding the existing life insurance policy.

Contention

Notable points of contention may arise around the implications of this bill for defendants and their families. The bill aims to address the concerns of victim compensation but could be seen as penalizing the families of alleged offenders who may not be guilty of any crime at the time of the policy payout. Additionally, stakeholders might debate the ethical implications of allowing courts to intervene in the management of life insurance proceeds, as such actions could be seen as an overreach into personal and family financial matters. The amendments to the Insurance Code to exempt certain court orders from typical protections further complicate the bill's reception.