BILL NUMBER: S1248

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to exempt-
ing a person from a money judgment arising from an action in another
state for knowingly engaging in conduct that aids or abets the perform-
ance or inducement of an abortion

 
PURPOSE:

To exempt from application to the satisfaction of a money judgment any
personal or real property held by a New York resident when such money
judgment arose from an action in another state for aiding or abetting
the performance or inducement of an abortion.

 
SUMMARY OF PROVISIONS:

Section one amends section 5205 of the CPLR by adding a new paragraph q
to provide that any personal property, including income, owned by a
person who is subject to a money judgment arising from an action in
              

another state for knowingly engaging in conduct that aids or abets, the
performance or inducement of an abortion is exempt from application to
the satisfaction of such money judgment.

Section two amends section 5206 of the CPLR by adding a new paragraph g
to provide that any real property owned by a person who is subject to a
money judgment arising from an action in another state for knowingly
engaging in conduct that aids or abets the performance or inducement of
an abortion is exempt from application to the satisfaction of such money
judgment.

Section three provides the effective date.

 
JUSTIFICATION:

The Texas Heartbeat Act took effect on September 1, 2021, becoming the
strictest state abortion law in the country. It bans abortions after
about six weeks gestation, at the time cardiac activity may be detected
on an ultrasound. The law is unique in that it affords a civil remedy
for private citizens to sue anyone who "aids or abets the performance or
inducement of an abortion." It will allow for an award of at least
$10,000 in damages to successful plaintiffs. The law prohibits abortions
before most women are even aware that they are pregnant, fails to
include exemptions for rape or incest, and will disproportionately
impact low-income women and women of color.

New York has been a leader in preserving a woman's right to bodily
autonomy. In 2019, the Reproductive Health Act was enacted, codifying
the right to an abortion set out in Roe v. Wade. The Texas Heartbeat Act
goes against the very principals of our state and sets a very dangerous
precedent for women.

This legislation will exempt any personal or real property held by a New
York resident, who is subject to, a money judgment arising from an
action in another state for aiding or abetting the performance or
inducement of an abortion, from being reached to satisfy such money

judgement. New Yorkers' property must be protected and should not be
used to satisfy a judgment obtained under the draconian Texas law.

Texas' law will put vulnerable women's lives at risk, will traumatize
those who have become pregnant as a result of being victims of crime and
horrific abuse, and eliminates a woman's autonomy to decide what happens
to her body and life. Other states have already expressed a desire to
copy the law, including Arkansas, Florida, and South Dakota. This bill
is necessary to safeguard our residents' property from being used to
satisfy monetary judgments obtained under the harmful and unjust Texas
law or future laws of other states.

 
LEGISLATIVE HISTORY:

2021-22 S.7539/A.8286 Referred to judiciary/codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.