Bill Text: NY S01068 | 2021-2022 | General Assembly | Amended
Bill Title: Prohibits evidence concerning opinions, estimations, measures, or calculations of damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death shall not be reduced based on race, creed, color, national origin, religion, sexual orientation, gender identity or expression, sex, familial status, marital status, or status as a victim of domestic violence.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2022-01-14 - PRINT NUMBER 1068B [S01068 Detail]
Download: New_York-2021-S01068-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1068--B 2021-2022 Regular Sessions IN SENATE January 6, 2021 ___________ Introduced by Sens. BIAGGI, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- 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 evidence of lost earnings or impaired earning capacity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 section 4550 to read as follows: 3 § 4550. Evidence concerning earnings. Evidence concerning opinions, 4 estimations, measures, or calculations of damages for lost earnings or 5 impaired earning capacity resulting from personal injury or wrongful 6 death shall not be received by the court or considered by the trier of 7 fact, if any portion of the opinions, estimations, measures, or calcu- 8 lations is based on race, creed, color, national origin, religion, sexu- 9 al orientation, gender identity or expression, sex, familial status, 10 marital status, or status as a victim of domestic violence. No party 11 shall be permitted to examine or cross-examine a witness, or make any 12 argument or comment to the trier of fact, relating to damages for lost 13 earnings or impaired earning capacity resulting from personal injury or 14 wrongful death based on race, creed, color, national origin, religion, 15 sexual orientation, gender identity or expression, sex, familial status, 16 marital status, or status as a victim of domestic violence. 17 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02925-05-2
