STATE OF NEW YORK
________________________________________________________________________
7428
2015-2016 Regular Sessions
IN ASSEMBLY
May 12, 2015
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Codes
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:
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. All trust, custodial accounts, annuities, insurance contracts,
10 monies, assets, or interests described in paragraph two of this subdivi-
11 sion shall be subject to the satisfaction of a money judgment in the
12 case of a civil claim or cause of action to recover from a defendant,
13 for physical, psychological or other injury or condition suffered by a
14 person as a result of acts by such defendant of rape in the first degree
15 as defined in section 130.35 of the penal law, or criminal sexual act in
16 the first degree as defined in section 130.50 of the penal law, or
17 aggravated sexual abuse in the first degree as defined in section 130.70
18 of the penal law, or course of sexual conduct against a child in the
19 first degree as defined in section 130.75 of the penal law, where the
20 victim of any such offense was a minor at the time such offense was
21 committed.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10840-01-5
