Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 10, 2022 |
advanced to third reading cal.387 |
Feb 08, 2022 |
reported |
Jan 13, 2022 |
print number 5376b |
Jan 13, 2022 |
amend and recommit to codes |
Jan 05, 2022 |
referred to codes |
Mar 30, 2021 |
print number 5376a |
Mar 30, 2021 |
amend (t) and recommit to codes |
Feb 16, 2021 |
referred to codes |
Assembly Bill A5376B
2021-2022 Legislative Session
Sponsored By
QUART
Archive: Last Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Andrew Hevesi
Khaleel Anderson
Jeffrion Aubry
Stefani Zinerman
2021-A5376 - Details
2021-A5376 - Summary
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.
2021-A5376 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5376 2021-2022 Regular Sessions I N A S S E M B L Y February 16, 2021 ___________ Introduced by M. of A. QUART -- read once and referred to the Committee on Codes 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: Section 1. Section 5011 of the civil practice law and rules, as amended by section 52 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: § 5011. Definition and content of judgment. A judgment is the determi- nation of the rights of the parties in an action or special proceeding and may be either interlocutory or final. A judgment shall refer to, and state the result of, the verdict or decision, or recite the default upon which it is based. A judgment may direct that property be paid into court when the party would not have the benefit or use or control of such property or where special circumstances make it desirable that payment or delivery to the party entitled to it should be withheld. 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. In any case where damages are awarded to an inmate serving a sentence of imprisonment with the state department of corrections and community supervision or to a prisoner confined at a local correctional facility, the court shall give prompt written notice to the office of victim services, and at the same time shall direct that no payment be made to such inmate or prisoner for a period of thirty days following the date of entry of the order containing such direction. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Andrew Hevesi
Khaleel Anderson
Jeffrion Aubry
Stefani Zinerman
2021-A5376A - Details
2021-A5376A - Summary
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.
2021-A5376A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5376--A 2021-2022 Regular Sessions I N A S S E M B L Y February 16, 2021 ___________ Introduced by M. of A. QUART, HEVESI, ANDERSON, AUBRY, ZINERMAN, JACK- SON, SIMON, KELLES -- read once and referred to the Committee on Codes -- 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: Section 1. The civil practice law and rules is amended by adding a new section 4549 to read as follows: § 4549. EVIDENCE CONCERNING EARNINGS. 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 RECEIVED BY THE COURT OR CONSIDERED BY THE TRIER OF FACT, IF ANY PORTION OF THE OPINIONS, ESTIMATIONS, MEASURES, OR CALCU- LATIONS IS BASED ON RACE, CREED, COLOR, NATIONAL ORIGIN, RELIGION, SEXU- AL ORIENTATION, GENDER IDENTITY OR EXPRESSION, SEX, FAMILIAL STATUS, MARITAL STATUS, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE. NO PARTY SHALL BE PERMITTED TO EXAMINE OR CROSS-EXAMINE A WITNESS, OR MAKE ANY ARGUMENT OR COMMENT TO THE TRIER OF FACT, RELATING TO DAMAGES FOR LOST EARNINGS OR IMPAIRED EARNING CAPACITY RESULTING FROM PERSONAL INJURY OR WRONGFUL DEATH 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. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02925-03-1
co-Sponsors
Andrew Hevesi
Khaleel Anderson
Jeffrion Aubry
Stefani Zinerman
2021-A5376B (ACTIVE) - Details
2021-A5376B (ACTIVE) - Summary
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.
2021-A5376B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5376--B 2021-2022 Regular Sessions I N A S S E M B L Y February 16, 2021 ___________ Introduced by M. of A. QUART, HEVESI, ANDERSON, AUBRY, ZINERMAN, JACK- SON, SIMON, KELLES -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- 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: Section 1. The civil practice law and rules is amended by adding a new section 4550 to read as follows: § 4550. EVIDENCE CONCERNING EARNINGS. 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 RECEIVED BY THE COURT OR CONSIDERED BY THE TRIER OF FACT, IF ANY PORTION OF THE OPINIONS, ESTIMATIONS, MEASURES, OR CALCU- LATIONS IS BASED ON RACE, CREED, COLOR, NATIONAL ORIGIN, RELIGION, SEXU- AL ORIENTATION, GENDER IDENTITY OR EXPRESSION, SEX, FAMILIAL STATUS, MARITAL STATUS, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE. NO PARTY SHALL BE PERMITTED TO EXAMINE OR CROSS-EXAMINE A WITNESS, OR MAKE ANY ARGUMENT OR COMMENT TO THE TRIER OF FACT, RELATING TO DAMAGES FOR LOST EARNINGS OR IMPAIRED EARNING CAPACITY RESULTING FROM PERSONAL INJURY OR WRONGFUL DEATH 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. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02925-04-2
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