Senate Bill S8441A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8441--A
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
   personal  property  exemptions;  and  to  prohibit  the  issuance  and
   enforcement  of  certain money judgments against a natural person, the
   accumulation of interest on certain money judgments against a  natural
   person,  and  the entry of certain default judgments during the period
   of the COVID-19 state disaster emergency; and provides for the  repeal
   of certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding the  provisions  of  sections  5222,  5230,
 5232,  and  5233  of  the  civil  practice  law  and  rules or any other
 provision of law to the contrary, no court shall issue, and no  judgment
 creditor, sheriff, marshal or other agent of the judgment creditor shall
 enforce,  a  money  judgment  against a natural person, except where the
 judgment is for child support, spousal support, maintenance, or alimony,
 or where the court has, in its discretion, allowed judgment  enforcement
 upon a judgment creditor's emergency application.
   § 2. Notwithstanding the provisions of section 5004 of the civil prac-
 tice  law  and  rules and any other provision of law to the contrary, no
 interest shall accumulate on money judgments against natural persons.
   § 3. Notwithstanding the provisions of section 3215 of the civil prac-
 tice law and rules and any other provision of law to the contrary, where
 the defendant is a natural person, no failure  to  comply  with  payment
 obligations on a stipulation of settlement made after commencement of an
 action  shall  be  deemed  a failure to comply with the stipulation that
 could serve as a basis for entry of a default judgment.
   § 4. Section 5205 of the civil practice law and rules  is  amended  by
 adding a new subdivision (p) to read as follows:
   (P)  ONE  HUNDRED  PERCENT  OF ANY FEDERAL, STATE, OR LOCAL GOVERNMENT
 FINANCIAL ASSISTANCE MADE AVAILABLE TO INDIVIDUALS IN  EXPRESS  RESPONSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16481-02-0

 S. 8441--A                          2
 
 TO  A  DISASTER,  CATASTROPHE,  PUBLIC  HEALTH CRISIS, OR SIMILAR PUBLIC
 EMERGENCY ARE EXEMPT FROM APPLICATION TO THE  SATISFACTION  OF  A  MONEY
 JUDGMENT.  SUCH  FINANCIAL  ASSISTANCE  INCLUDES  BUT  IS NOT LIMITED TO
 MONIES MADE AVAILABLE UNDER SECTION 2201 OF THE FEDERAL CORONAVIRUS AID,
 RELIEF,  AND ECONOMIC SECURITY ACT OF 2020 AND ANY OTHER FEDERAL, STATE,
 OR LOCAL GOVERNMENT FINANCIAL ASSISTANCE MADE AVAILABLE  TO  INDIVIDUALS
 IN EXPRESS RESPONSE TO THE COVID-19 PANDEMIC.
   §  5.  This  act shall take effect immediately; provided that sections
 one, two and three of this act shall expire and be deemed repealed thir-
 ty days following the end of the state disaster  emergency  declared  by
 executive order 202 of 2020, as amended.