What's happening
This bill allows retirement accounts and similar assets to be used to satisfy civil judgments for minor victims of certain sexual offenses.
Why it matters
Prioritizes justice for minor victims. by ensuring that convicted offenders cannot shield their assets in retirement accounts or similar financial vehicles to avoid paying civil judgments for severe sexual crimes against minors.
Limits financial protections for defendants. only in cases involving first-degree rape, criminal sexual acts, aggravated sexual abuse, or course of sexual conduct against a child, specifically when the victim was a minor—significantly narrowing the exemption for these assets.
May increase the likelihood of meaningful restitution. for survivors and their families, as a broader range of a perpetrator’s assets—including retirement and insurance accounts—can now be used to satisfy court-awarded damages.
Signals a shift in legal priorities. by placing the needs of abuse survivors above the traditional protections of retirement and trust assets, potentially setting a precedent for similar changes in other civil or criminal restitution contexts.
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Who cares
Headline styles
Let Abuse Victims Access Funds
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
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 Access Funds
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
466
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
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 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. All trust, custodial accounts, annuities, insurance contracts, monies, assets, or interests described in paragraph two of this subdivision 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.
LBD04101-01-7
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 the enforcement of a judgment against certain retirement accounts in the case of minor victims of sexual abuse
Purpose or general idea of bill
To allow minor sexual abuse victims to have monetary satisfaction of judgments from various accounts as the result of a civil claim or cause of action.
Summary of specific provisions
Section 1 amends the civil practice law to allow all trust, custodial accounts, annuities, insurance contracts, monies, assets or interests as described by paragraph 2 to be subject to a civil claim or cause of action to recover from a defendant for physical, psychological or other injury suffered as a result of acts as defined when the victim was a minor at the time of offense.
Section 2 is the effective date.
Justification
Child victims of sexual abuse deserve to have access to monetary sums to cover the physical and emotional toll their attackers have brought onto them. Allowing a child victim to have monetary judgments satisfied will allow them to access money for the health and mental health counseling that is needed.
Prior legislative history
S. 5157 Referred to Senate Judiciary Committee.
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.