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Senate Bill S4418

2023-2024 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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2023-S4418 (ACTIVE) - Details

See Assembly Version of this Bill:
A6657
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
2017-2018: S3130
2019-2020: S4312
2021-2022: S743

2023-S4418 (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.

2023-S4418 (ACTIVE) - Sponsor Memo

2023-S4418 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4418
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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
 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.
                                                            LBD08748-01-3

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