STATE OF NEW YORK
        ________________________________________________________________________
                                          1479
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        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  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.  All  trust,  custodial  accounts,  annuities, insurance contracts,
    10  monies, assets, or interests described in paragraph two of this subdivi-
    11  sion shall be subject to the satisfaction of a  money  judgment  in  the
    12  case  of  a  civil claim or cause of action to recover from a defendant,
    13  for physical, psychological or other injury or condition suffered  by  a
    14  person as a result of acts by such defendant of rape in the first degree
    15  as defined in section 130.35 of the penal law, or criminal sexual act in
    16  the  first  degree  as  defined  in  section 130.50 of the penal law, or
    17  aggravated sexual abuse in the first degree as defined in section 130.70
    18  of the penal law, or course of sexual conduct against  a  child  in  the
    19  first  degree  as  defined in section 130.75 of the penal law, where the
    20  victim of any such offense was a minor at  the  time  such  offense  was
    21  committed.
    22    § 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