Do you support this bill?

Assembly Bill A1736

2021-2022 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

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

2021-A1736 (ACTIVE) - Details

See Senate Version of this Bill:
S743
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5205, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A7334, S5177
2017-2018: A166, S3130
2019-2020: A2539, S4312
2023-2024: S4418

2021-A1736 (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.

2021-A1736 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1736
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of A. HEVESI, ZEBROWSKI -- read once and referred to
   the Committee on Codes
 
 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.
                                                            LBD01516-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.