| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 21, 2025 |
referred to judiciary |
Senate Bill S2578
2025-2026 Legislative Session
Sponsored By
(R, C, IP) 62nd Senate District
Current Bill Status - In Senate Committee Judiciary Committee
Actions
co-Sponsors
(R) 39th Senate District
2025-S2578 (ACTIVE) - Details
2025-S2578 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2578
SPONSOR: ORTT
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to the
enforcement of a judgment against certain retirement accounts in the
case of minor victims of sexual abuse
PURPOSE:
To allow minor sexual abuse victims to have monetary satisfaction of
judgments from various accounts as the result of a civil claim or cause
of action.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the civil practice law to allow all trust, custodial
accounts, annuities, insurance contracts, monies, assets or interests as
described by paragraph 2 to be subject to a civil claim or cause of
action to recover from a defendant for physical, psychological or other
injury suffered as a result of acts as defined when the victim was a
2025-S2578 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2578
2025-2026 Regular Sessions
I N S E N A T E
January 21, 2025
___________
Introduced by Sen. ORTT -- 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 the
enforcement of a judgment against certain retirement accounts in the
case of minor victims of sexual abuse
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. ALL TRUST, CUSTODIAL ACCOUNTS, ANNUITIES, INSURANCE CONTRACTS,
MONIES, ASSETS, OR INTERESTS DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVI-
SION SHALL BE SUBJECT TO THE SATISFACTION OF A MONEY JUDGMENT IN THE
CASE OF A CIVIL CLAIM OR CAUSE OF ACTION TO RECOVER FROM A DEFENDANT,
FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED BY A
PERSON AS A RESULT OF ACTS BY SUCH DEFENDANT OF RAPE IN THE FIRST DEGREE
AS DEFINED IN SECTION 130.35 OF THE PENAL LAW, OR AGGRAVATED SEXUAL
ABUSE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.70 OF THE PENAL LAW,
OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.75 OF THE PENAL LAW, WHERE THE VICTIM OF ANY SUCH
OFFENSE WAS A MINOR AT THE TIME SUCH OFFENSE WAS COMMITTED.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06836-01-5
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