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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4312
                               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
        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.
                                                                   LBD01038-01-9