Exempts a person from a money judgment arising from an action in another state for knowingly engaging in conduct that aids or abets the performance or inducement of an abortion.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A905
SPONSOR: Paulin TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to exempt-
ing a person from a money judgment arising from an action in another
state for knowingly engaging in conduct that aids or abets the perform-
ance or inducement of an abortion
PURPOSE:
To exempt from application to the satisfaction. of a money judgment any
personal or real property held by a New York resident when such money
judgment arose from an action in another state for aiding or abetting
the performance or inducement of an abortion.
SUMMARY OF PROVISIONS:
Section one amends section 5205 of the CPLR by adding a new paragraph q
to provide that any personal property, including income, owned by a
person who is subject to a money judgment arising from an action in
another state for knowingly engaging in conduct that aids or abets the
performance or inducement of an abortion is exempt from application to
the satisfaction of such money judgment.
Section two amends section 5206 of the CPLR by adding a new paragraph g
to provide that any real property owned by a person who is subject to a
money judgment arising from an action in another state for knowingly
engaging in conduct that aids or abets the performance or inducement of
an abortion is exempt from application to the satisfaction of such money
judgment.
Section three provides the effective date.
JUSTIFICATION:
The Texas Heartbeat Act took effect on September 1, 2021, becoming the
strictest state abortion law in the country. It bans abortions after
about six weeks gestation, at the time cardiac activity may be detected
on an ultrasound. The law is unique in that it affords a civil remedy
for private citizens to sue anyone who "aids or abets the performance or
inducement of an abortion." It will allow for an award of at least
$10,000 in damages to successful plaintiffs. The law prohibits abortions
before most women are even aware that they are pregnant, fails to
include exemptions for rape or incest, and will disproportionately
impact low-income women and women of color. New York has been a leader
in preserving a woman's right to bodily autonomy. In 2019, the Reproduc-
tive Health 'Act was enacted, codifying the right to an abortion set out
in Roe v. Wade. The Texas Heartbeat Act goes against the very principals
of our state and sets a very dangerous precedent for women.
This legislation will exempt any personal or real property held by a New
York resident, who is subject to a money judgment arising from an action
in another state for aiding or abetting the performance or inducement of
an abortion, from being reached to satisfy such money judgement. New
Yorkers' property must be protected and should not be used to satisfy a
judgment obtained under the draconian Texas law.
Texas' law will put vulnerable women's lives at risk, will traumatize
those who have become pregnant as a result of being victims of crime and
horrific abuse, and eliminates a woman's autonomy to decide what happens
to her body and life. Other states have already expressed a desire to
copy the law, including Arkansas, Florida, and South Dakota. This bill
is necessary to safeguard our residents' property from being used to
satisfy monetary judgments obtained under the harmful and unjust Texas
law or future laws of other states.
LEGISLATIVE HISTORY:
A4231 of 2023 and 2024, referred to codes. Same as S7539, referred to
judiciary in 2024
A.8286 of 2021 and 2022, referred to codes. Same as S.7539, referred to
rules in 2021 and referred to judiciary in 2022.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
905
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. PAULIN, DINOWITZ, BURDICK, KELLES, HEVESI, SIMON,
SEAWRIGHT, ROSENTHAL, SEPTIMO, STERN, JACOBSON, GLICK, SIMONE, GONZA-
LEZ-ROJAS, SHIMSKY, LEVENBERG, TAPIA, EPSTEIN, LEE -- read once and
referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to exempt-
ing a person from a money judgment arising from an action in another
state for knowingly engaging in conduct that aids or abets the
performance or inducement of an abortion
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 5205 of the civil practice law and rules is amended
2 by adding a new subdivision (q) to read as follows:
3 (q) Any personal property, including but not limited to income, owned
4 by a person who is subject to a money judgment arising from an action in
5 another state for knowingly engaging in conduct that aids or abets the
6 performance or inducement of an abortion is exempt from application to
7 the satisfaction of such money judgment.
8 § 2. Section 5206 of the civil practice law and rules is amended by
9 adding a new subdivision (g) to read as follows:
10 (g) Any real property owned by a person who is subject to a money
11 judgment arising from an action in another state for knowingly engaging
12 in conduct that aids or abets the performance or inducement of an
13 abortion is exempt from application to the satisfaction of such money
14 judgment.
15 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03381-01-5
