What's happening
This bill allows victims of child sexual abuse to collect money judgments from their abusers' trust assets.
Why it matters
Removes a key financial shield for abusers. By making trust assets available to satisfy judgments in child sexual abuse cases, the bill prevents abusers from hiding wealth in trusts to avoid paying damages to their victims.
Expands the scope of compensation. Victims of child sexual abuse can now seek recovery from a broader pool of the abuser’s resources, increasing the likelihood they’ll receive the full amount awarded by the courts.
Signals a policy shift prioritizing victims’ rights. This amendment prioritizes the financial restitution needs of abuse survivors over traditional trust protections, reflecting a broader commitment to justice for victims.
Covers a wide range of abuse. By referencing specific penal law articles, the bill ensures that all forms of legally defined child sexual abuse, not just a narrow subset, are included in these enhanced enforcement rights.
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Who cares
Headline styles
Let Abuse Victims Collect Judgments
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
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 Seize Assets
In Assembly Committee · Codes · Sponsor Andrew Hevesi
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3130
2017-2018 Regular Sessions
IN SENATE
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 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.
Sponsor's memo
Title of bill
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
Purpose
This bill would establish an exception for victims of child sexual abuse to the trust exemption from application to the satisfaction of money judgment.
Summary of provisions
Section 1 - Amends 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 by adding a new paragraph 6.
Section 2 - Establishes the effective date.
Justification
Victims which are awarded judgments in child sexual abuse cases should have the option of satisfying that judgment from retirement funds if other funds are not available to do so.
Legislative history
2015-16 - S.5177/A.7334
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.