Bill Text: NY S05164 | 2019-2020 | General Assembly | Amended
Bill Title: Provides that estimations, measures, or calculations of past, present or future 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, military status, sex, familial status, marital status, or status as a victim of domestic violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S05164 Detail]
Download: New_York-2019-S05164-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5164--B 2019-2020 Regular Sessions IN SENATE April 12, 2019 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the civil practice law and rules, in relation to judg- ments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 5011 of the civil practice law and rules, as 2 amended by section 52 of subpart B of part C of chapter 62 of the laws 3 of 2011, is amended to read as follows: 4 § 5011. Definition and content of judgment. A judgment is the determi- 5 nation of the rights of the parties in an action or special proceeding 6 and may be either interlocutory or final. A judgment shall refer to, and 7 state the result of, the verdict or decision, or recite the default upon 8 which it is based. A judgment may direct that property be paid into 9 court when the party would not have the benefit or use or control of 10 such property or where special circumstances make it desirable that 11 payment or delivery to the party entitled to it should be withheld. 12 Estimations, measures, or calculations of past, present, or future 13 damages for lost earnings or impaired earning capacity resulting from 14 personal injury or wrongful death shall not be reduced based on race, 15 creed, color, national origin, religion, sexual orientation, gender 16 identity or expression, military status, sex, familial status, marital 17 status, or status as a victim of domestic violence. In any case where 18 damages are awarded to an inmate serving a sentence of imprisonment with 19 the state department of corrections and community supervision or to a 20 prisoner confined at a local correctional facility, the court shall give EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09807-06-0S. 5164--B 2 1 prompt written notice to the office of victim services, and at the same 2 time shall direct that no payment be made to such inmate or prisoner for 3 a period of thirty days following the date of entry of the order 4 containing such direction. 5 § 2. This act shall take effect immediately.
