Bill Text: NY S04312 | 2019-2020 | General Assembly | Amended

New York Senate Bill 4312 (Prior Session Legislation)

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 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S04312 Detail]

Download: New_York-2019-S04312-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                         4312--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 7, 2019
                                       ___________
        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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  described in subdivision (b) of section two hundred eight of this  chap-
    14  ter.
    15    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01038-02-9