STATE OF NEW YORK ________________________________________________________________________ 4418 2023-2024 Regular Sessions IN SENATE February 8, 2023 ___________ Introduced by Sen. FERNANDEZ -- 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 estab- lishing 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 Assem- bly, do enact as follows: 1 Section 1. Paragraph 1 of subdivision (c) of section 5205 of the civil 2 practice law and rules, as amended by chapter 93 of the laws of 1995, is 3 amended and a new paragraph 6 is added to read as follows: 4 1. Except as provided in paragraphs four [and], five and six of this 5 subdivision, all property while held in trust for a judgment debtor, 6 where the trust has been created by, or the fund so held in trust has 7 proceeded from, a person other than the judgment debtor, is exempt from 8 application to the satisfaction of a money judgment. 9 6. This subdivision shall not impair any rights a victim of child 10 sexual abuse has to enforce a money judgment against his or her abuser 11 when such judgment was obtained as a result of such sexual abuse. For 12 purposes of this subdivision, "child sexual abuse" shall mean conduct 13 described in subdivision (b) of section two hundred eight of this chap- 14 ter. 15 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08748-01-3