STATE OF NEW YORK
________________________________________________________________________
2578
2025-2026 Regular Sessions
IN SENATE
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:
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 aggravated sexual
16 abuse in the first degree as defined in section 130.70 of the penal law,
17 or course of sexual conduct against a child in the first degree as
18 defined in section 130.75 of the penal law, where the victim of any such
19 offense was a minor at the time such offense was committed.
20 § 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
