Assembly Bill A2539A

2019-2020 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 - On Floor Calendar

  • 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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Bill Amendments

2019-A2539 - Details

See Senate Version of this Bill:
S4312
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5205, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A7334, S5177
2017-2018: A166, S3130
2021-2022: A1736, S743
2023-2024: S4418

2019-A2539 - 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.

2019-A2539 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2539
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Codes
 
 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.
                                                            LBD01038-01-9

co-Sponsors

2019-A2539A (ACTIVE) - Details

See Senate Version of this Bill:
S4312
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5205, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A7334, S5177
2017-2018: A166, S3130
2021-2022: A1736, S743
2023-2024: S4418

2019-A2539A (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.

2019-A2539A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2539--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on  Codes  -- 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:
 
   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
 DESCRIBED  IN SUBDIVISION (B) OF SECTION TWO HUNDRED EIGHT OF THIS CHAP-
 TER.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01038-03-9

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