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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
Apr 29, 2019 advanced to third reading
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.435
Apr 03, 2019 print number 4312a
Apr 03, 2019 amend and recommit to judiciary
Mar 07, 2019 referred to judiciary

Votes

view votes

Apr 9, 2019 - Judiciary committee Vote

S4312A
11
0
committee
11
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Apr 9, 2019

S4312 - Details

See Assembly Version of this Bill:
A2539
Current Committee:
Senate Rules
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

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.

S4312 - Sponsor Memo

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

S4312A (ACTIVE) - Details

See Assembly Version of this Bill:
A2539
Current Committee:
Senate Rules
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

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.

S4312A (ACTIVE) - Sponsor Memo

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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