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Senate Bill S4312A

2019-2020 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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Bill Amendments

2019-S4312 - Details

See Assembly Version of this Bill:
A2539
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5205, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S5177, A7334
2017-2018: S3130, A166
2021-2022: S743, A1736
2023-2024: S4418

2019-S4312 - 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.

2019-S4312 - Sponsor Memo

2019-S4312 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4312
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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.
   § 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

co-Sponsors

2019-S4312A (ACTIVE) - Details

See Assembly Version of this Bill:
A2539
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5205, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S5177, A7334
2017-2018: S3130, A166
2021-2022: S743, A1736
2023-2024: S4418

2019-S4312A (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.

2019-S4312A (ACTIVE) - Sponsor Memo

2019-S4312A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4312--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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
 DESCRIBED IN SUBDIVISION (B) OF SECTION TWO HUNDRED EIGHT OF THIS  CHAP-
 TER.
   § 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

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