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Senate Bill S5177

2015-2016 Legislative Session

Establishes an exception for victims of child sexual abuse to the trust exemption from application to the satisfaction of money judgment

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2015-S5177 (ACTIVE) - Details

See Assembly Version of this Bill:
A7334
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5205, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: S3130, A166
2019-2020: S4312, A2539
2021-2022: S743, A1736
2023-2024: S4418

2015-S5177 (ACTIVE) - Summary

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.

2015-S5177 (ACTIVE) - Sponsor Memo

2015-S5177 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5177

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 6, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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:

  Section 1. Paragraph 1 of subdivision (c) of section 5205 of the civil
practice law and rules, as amended by chapter 93 of the laws of 1995, is
amended and a new paragraph 6 is added to read as follows:
  1.  Except  as provided in paragraphs four [and], five AND SIX of this
subdivision, all property while held in trust  for  a  judgment  debtor,
where  the  trust  has been created by, or the fund so held in trust has
proceeded from, a person other than the judgment debtor, is exempt  from
application to the satisfaction of a money judgment.
  6.  THIS  SUBDIVISION  SHALL  NOT  IMPAIR ANY RIGHTS A VICTIM OF CHILD
SEXUAL ABUSE HAS TO ENFORCE A MONEY JUDGMENT AGAINST HIS OR  HER  ABUSER
WHEN  SUCH  JUDGMENT  WAS OBTAINED AS A RESULT OF SUCH SEXUAL ABUSE. FOR
PURPOSES OF THIS SUBDIVISION, "CHILD SEXUAL ABUSE"  SHALL  MEAN  CONDUCT
PROHIBITED  BY  ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10664-02-5

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