Bill Text: NY A00166 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 166 (Prior Session Legislation)

Introduced

Bill Title: Establishes an exception for victims of child sexual abuse to the trust exemption from application to the satisfaction of a money judgment; allows victims of sexual abuse to enforce a money judgment against their abusers' trusts when the judgment was obtained as a result of such abuse; defines child sexual abuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A00166 Detail]

Download: New_York-2017-A00166-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                           166
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Codes
        AN  ACT to amend the civil practice law and rules, in relation to estab-
          lishing an exception for victims of child sexual abuse  to  the  trust
          exemption from application to the satisfaction of a money judgment
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph 1 of subdivision (c) of section 5205 of the civil
     2  practice law and rules, as amended by chapter 93 of the laws of 1995, is
     3  amended and a new paragraph 6 is added to read as follows:
     4    1. Except as provided in paragraphs four [and], five and six  of  this
     5  subdivision,  all  property  while  held in trust for a judgment debtor,
     6  where the trust has been created by, or the fund so held  in  trust  has
     7  proceeded  from, a person other than the judgment debtor, is exempt from
     8  application to the satisfaction of a money judgment.
     9    6. This subdivision shall not impair any  rights  a  victim  of  child
    10  sexual  abuse  has to enforce a money judgment against his or her abuser
    11  when such judgment was obtained as a result of such  sexual  abuse.  For
    12  purposes  of  this  subdivision, "child sexual abuse" shall mean conduct
    13  prohibited by article one hundred thirty or two hundred  sixty-three  of
    14  the penal law committed against a child less than eighteen years of age.
    15    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02640-01-7