Senate Bill S877

2023-2024 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

Current 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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2023-S877 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5205, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S5157
2017-2018: S466
2019-2020: S2223
2021-2022: S3619

2023-S877 (ACTIVE) - Summary

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

2023-S877 (ACTIVE) - Sponsor Memo

2023-S877 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    877
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 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:
 
   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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03688-01-3

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