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Assembly Bill A48

2025-2026 Legislative Session

Prohibits distribution of a decedent's estate to certain sex offenders

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Current Bill Status - In Assembly Committee

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2025-A48 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add §4-1.7, EPT L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2833
2019-2020: A5450
2021-2022: A6723
2023-2024: A1593

2025-A48 (ACTIVE) - Summary

Prohibits a distributive share from passing to a person convicted of committing or attempting to commit a sex offense.

2025-A48 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    48
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. BARCLAY, BLANKENBUSH, HAWLEY, TAGUE, MANKTELOW,
   GALLAHAN, LEMONDES,  BRABENEC  --  Multi-Sponsored  by  --  M.  of  A.
   K. BROWN,  DeSTEFANO, DiPIETRO, PALMESANO -- read once and referred to
   the Committee on Judiciary

 AN ACT to amend the estates, powers and trusts law, in relation  to  the
   distribution of a decedent's estate
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The estates, powers and trusts law is amended by  adding  a
 new section 4-1.7 to read as follows:
 §  4-1.7  DISQUALIFICATION OF CERTAIN PERSONS FROM TAKING A DISTRIBUTIVE
           SHARE
   (A) NO DISTRIBUTIVE SHARE IN THE ESTATE OF A DECEDENT SHALL BE ALLOWED
 TO A PERSON CONVICTED OF  COMMITTING  OR  ATTEMPTING  TO  COMMIT  A  SEX
 OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW WHERE THE
 VICTIM WAS THE DECEDENT.
   (B) IN THE EVENT THAT A PERSON IS DISQUALIFIED FROM TAKING A DISTRIBU-
 TIVE  SHARE  IN THE ESTATE OF A DECEDENT, UNDER THIS SECTION, THE ESTATE
 OF SUCH DECEDENT SHALL BE DISTRIBUTED IN ACCORDANCE WITH 4-1.1 AS THOUGH
 SUCH PERSON HAD PREDECEASED THE DECEDENT.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00135-01-5

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