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.
STATE OF NEW YORK
________________________________________________________________________
4312--A
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
___________
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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.
LBD01038-02-9
