What's happening
This bill allows retirement accounts to be used to satisfy civil judgments for minor victims of certain sexual offenses.
Why it matters
Expands financial accountability for offenders. By allowing retirement accounts and similar assets to be used to satisfy civil judgments, the bill ensures that individuals found liable for serious sexual offenses against minors cannot shield their wealth from victims by keeping it in protected accounts.
Enhances victims' ability to recover damages. Minor victims of certain severe sexual crimes may have a greater chance of actually collecting awarded damages, which can help cover therapy, medical bills, and other long-term costs associated with their trauma.
Closes a legal loophole. The bill addresses a gap in current law that often exempts retirement savings from civil claims, making it harder for perpetrators to avoid financial responsibility simply by moving assets into these accounts.
Signals a societal priority. By prioritizing victims’ rights to compensation over the traditional protection of retirement accounts in these specific, severe cases, the bill reflects a policy decision to place victims’ needs above offenders’ financial security.
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Who cares
Headline styles
Let Minor Abuse Victims Collect
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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 Robert Ortt
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1968
2019-2020 Regular Sessions
IN ASSEMBLY
January 18, 2019
Introduced by M. of A. ZEBROWSKI, PALUMBO -- read once and referred to the Committee on Codes
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.
LBD01552-01-9
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.