Bill Text: NY A01736 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-11-18 - enacting clause stricken [A01736 Detail]

Download: New_York-2021-A01736-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1736

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Paragraph 1 of subdivision (c) of section 5205 of the civil
     2  practice law and rules, as amended by chapter 93 of the laws of 1995, is
     3  amended and a new paragraph 6 is added to read as follows:
     4    1.  Except  as provided in paragraphs four [and], five and six of this
     5  subdivision, all property while held in trust  for  a  judgment  debtor,
     6  where  the  trust  has been created by, or the fund so held in trust has
     7  proceeded from, a person other than the judgment debtor, is exempt  from
     8  application to the satisfaction of a money judgment.
     9    6.  This  subdivision  shall  not  impair any rights a victim of child
    10  sexual abuse has to enforce a money judgment against his or  her  abuser
    11  when  such  judgment  was obtained as a result of such sexual abuse. For
    12  purposes of this subdivision, "child sexual abuse"  shall  mean  conduct
    13  described  in subdivision (b) of section two hundred eight of this chap-
    14  ter.
    15    § 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