Bill Text: NY S00877 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits the enforcement of a judgment against certain trust and annuities in the case of minor victims of sexual abuse.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S00877 Detail]

Download: New_York-2023-S00877-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           877

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          enforcement  of  a judgment against certain retirement accounts in the
          case of minor victims of sexual abuse

          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.  All  trust,  custodial  accounts,  annuities, insurance contracts,
    10  monies, assets, or interests described in paragraph two of this subdivi-
    11  sion shall be subject to the satisfaction of a  money  judgment  in  the
    12  case  of  a  civil claim or cause of action to recover from a defendant,
    13  for physical, psychological or other injury or condition suffered  by  a
    14  person as a result of acts by such defendant of rape in the first degree
    15  as defined in section 130.35 of the penal law, or criminal sexual act in
    16  the  first  degree  as  defined  in  section 130.50 of the penal law, or
    17  aggravated sexual abuse in the first degree as defined in section 130.70
    18  of the penal law, or course of sexual conduct against  a  child  in  the
    19  first  degree  as  defined in section 130.75 of the penal law, where the
    20  victim of any such offense was a minor at  the  time  such  offense  was
    21  committed.
    22    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03688-01-3