Bill Text: NY S05164 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5164--A

                               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

        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 creed,
    15  color, national origin, religion, sexual orientation, gender identity or
    16  expression, military status, sex, familial status,  marital  status,  or
    17  status  as  a victim of domestic violence. In any case where damages are
    18  awarded to an inmate serving a sentence of imprisonment with  the  state
    19  department  of  corrections  and  community supervision or to a prisoner
    20  confined at a local correctional facility, the court shall  give  prompt
    21  written  notice  to  the office of victim services, and at the same time
    22  shall direct that no payment be made to such inmate or  prisoner  for  a
    23  period  of thirty days following the date of entry of the order contain-
    24  ing such direction.
    25    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09807-04-0