Senate Bill S3130

2017-2018 Legislative Session

Establishes an exception for victims of child sexual abuse to the trust exemption from application to the satisfaction of money judgment

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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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2017-S3130 (ACTIVE) - Details

See Assembly Version of this Bill:
A166
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5205, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S5177, A7334
2019-2020: S4312, A2539
2021-2022: S743, A1736
2023-2024: S4418

2017-S3130 (ACTIVE) - Summary

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.

2017-S3130 (ACTIVE) - Sponsor Memo

2017-S3130 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3130
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- 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  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:
 
   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.  THIS  SUBDIVISION  SHALL  NOT  IMPAIR ANY RIGHTS A VICTIM OF CHILD
 SEXUAL ABUSE HAS TO ENFORCE A MONEY JUDGMENT AGAINST HIS OR  HER  ABUSER
 WHEN  SUCH  JUDGMENT  WAS OBTAINED AS A RESULT OF SUCH SEXUAL ABUSE. FOR
 PURPOSES OF THIS SUBDIVISION, "CHILD SEXUAL ABUSE"  SHALL  MEAN  CONDUCT
 PROHIBITED  BY  ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF
 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02640-01-7

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