What's happening
This bill allows victims of child sexual abuse to collect money judgments from their abuser's trust assets, overriding current exemptions.
Why it matters
Removes a common legal shield. By allowing victims to collect from trust assets, the bill closes a loophole that often lets abusers protect wealth in trusts, making it harder for them to avoid financial responsibility after a lawsuit.
Expands the pool of collectible assets. This change means that even if an abuser’s money or property is held in a trust created by someone else (like a family trust), it can still be used to satisfy legal judgments won by child sexual abuse victims.
Signals a policy shift prioritizing victims' restitution. The amendment prioritizes the rights of child sexual abuse survivors over traditional protections for inherited or gifted trust assets, reflecting a broader trend toward empowering victims in civil litigation.
Could affect estate planning and trust administration. The bill may prompt individuals to reconsider how trusts are structured, knowing they can no longer be used to shield assets from judgments related to child sexual abuse claims.
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Who cares
Headline styles
Help Abuse Victims Collect Judgments
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.435
- Print number 4312a
- Amend and recommit 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 Collect Judgments
Assembly Floor Calendar · Sponsor Andrew Hevesi
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4312--A
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- 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.
LBD01038-02-9
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
Amends the Civil Practice Laws and Rules to allow victims of child-sex abuse to execute money judgments against their abuser's retirement accounts.
Summary of provisions
Amends 5205(c) of the Civil Practice Laws and Rules
Justification
Two decades ago, CPLR 5205(c) was amended to excuse IRAs from execution by judgment creditors to prevent debtors from becoming destitute in older years. While the merits of this change were noteworthy, an inad- vertent consequence resulted. Under current law, individuals convicted of child-sex abuse are able to stow away funds and prevent their victims from receiving financial restitution.
This legislation would carve an exception to the current statute to permit child sex-abuse victims that receive judgments as the consequence of sexual abuse to be allowed to apply them against their abuser's retirement accounts. This amendment has the potential to act as a deter- rent to individuals committing heinous acts of child-abuse, while also allowing victims of such abuse the financial support they need to restore and move on with their lives.
Legislative history
A.166 (2017-2018); A.7334 (2015-16).
Fiscal implications
To be determined.
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.