Assembly Bill A7428

2015-2016 Legislative Session

Relates to the enforcement of a judgment against certain trust and annuities in the case of minor victims of sexual abuse

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A7428 (ACTIVE) - Details

See Senate Version of this Bill:
S5157
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5205, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A1479, S466
2019-2020: A1968, S2223
2021-2022: S3619
2023-2024: S877

2015-A7428 (ACTIVE) - Summary

Permits the enforcement of a judgment against certain trust and annuities in the case of minor victims of sexual abuse.

2015-A7428 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7428

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section 1. Paragraph 1 of subdivision (c) of section 5205 of the civil
practice law and rules, as amended by chapter 93 of the laws of 1995, is
amended and a new paragraph 6 is added to read as follows:
  1.  Except  as provided in paragraphs four [and], five AND SIX of this
subdivision, all property while held in trust  for  a  judgment  debtor,
where  the  trust  has been created by, or the fund so held in trust has
proceeded from, a person other than the judgment debtor, is exempt  from
application to the satisfaction of a money judgment.
  6.  ALL  TRUST,  CUSTODIAL  ACCOUNTS,  ANNUITIES, INSURANCE CONTRACTS,
MONIES, ASSETS, OR INTERESTS DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVI-
SION SHALL BE SUBJECT TO THE SATISFACTION OF A  MONEY  JUDGMENT  IN  THE
CASE  OF  A  CIVIL CLAIM OR CAUSE OF ACTION TO RECOVER FROM A DEFENDANT,
FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED  BY  A
PERSON AS A RESULT OF ACTS BY SUCH DEFENDANT OF RAPE IN THE FIRST DEGREE
AS DEFINED IN SECTION 130.35 OF THE PENAL LAW, OR CRIMINAL SEXUAL ACT IN
THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION 130.50 OF THE PENAL LAW, OR
AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.70
OF THE PENAL LAW, OR COURSE OF SEXUAL CONDUCT AGAINST  A  CHILD  IN  THE
FIRST  DEGREE  AS  DEFINED IN SECTION 130.75 OF THE PENAL LAW, WHERE THE
VICTIM OF ANY SUCH OFFENSE WAS A MINOR AT  THE  TIME  SUCH  OFFENSE  WAS
COMMITTED.
  S 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

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