What's happening
The bill allows victims of child sexual abuse to collect money judgments from trusts held by their abusers that are otherwise exempt.
Why it matters
Targets hidden assets. This bill closes a loophole that previously allowed child sexual abusers to shield their assets from court-ordered payments by placing them in certain trusts, making it easier for survivors to actually collect on their legal judgments.
Prioritizes victims’ compensation. By creating an exception to trust protections, the law puts the needs and restitution of abuse survivors above the financial interests or estate planning strategies of abusers.
Expands definition and scope. The bill’s definition of “child sexual abuse” is broad, encompassing a range of offenses under New York’s penal law for victims under 18, which means more survivors could benefit from the ability to collect judgments.
Potential deterrent. The risk of losing protected assets may act as a stronger deterrent against would-be abusers knowing they can’t easily hide wealth from future civil judgments.
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Who cares
Headline styles
Let Abuse Victims Seize Assets
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Abuse Victims Collect Judgments
In Senate Committee · Judiciary · Sponsor John A. DeFrancisco
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
166
2017-2018 Regular Sessions
IN ASSEMBLY (Prefiled)
January 4, 2017
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 establishing 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 Assembly, 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.