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A2539Assembly2019-2020 SessionSame asS4312

Let Abuse Victims Collect Judgments

Official title

“Establishes an exception for victims of child sexual abuse to the trust exemption from application to the satisfaction of money judgment”

Sponsor Andrew HevesiAD-28+1 co-sponsorAffects Legal
Status
Assembly Floor Calendar
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Jan 8

What's happening

This bill allows victims of child sexual abuse to collect money judgments from abusers' trust assets that were previously protected.

Why it matters

  1. Removes a major shield for abusers. By allowing victims to collect judgments from trust assets that were previously off-limits, this bill eliminates a common method abusers have used to protect their wealth from accountability.

  2. Enhances real-world compensation for victims. Many victims of child sexual abuse win court judgments but struggle to actually collect money; this change increases the likelihood that survivors can receive meaningful financial restitution.

  3. Signals a broader commitment to justice. The bill demonstrates New York’s willingness to prioritize justice for victims over the financial interests of convicted or liable abusers, potentially encouraging similar reforms in other states.

  4. May deter future concealment of assets. Knowing that trusts are no longer immune could discourage abusers from hiding money and property in trusts, thereby making it harder for perpetrators to evade financial responsibility.

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Who cares

Headline styles

Let Abuse Victims Collect Judgments

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew Hevesi

Assembly Member · Assembly District 28

Chair, Children and Families

1 Co-sponsor

History

  1. Ordered to third reading cal.112
  2. Advanced to third reading cal.490
  3. Reported
  4. Print number 2539a
  5. Amend and recommit to codes
  6. 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.

S4312Senate

Help Abuse Victims Collect Judgments

In Senate Committee · Judiciary · Sponsor Alessandra Biaggi

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2539--A

2019-2020 Regular Sessions

IN ASSEMBLY

January 23, 2019

Introduced by M. of A. HEVESI -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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 described in subdivision (b) of section two hundred eight of this chapter.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01038-03-9

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.