senate Bill S5164B

2019-2020 Legislative Session

Relates to the calculations of judgments in civil actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2020 committed to rules
Feb 27, 2020 advanced to third reading
Feb 26, 2020 2nd report cal.
Feb 25, 2020 1st report cal.456
Feb 14, 2020 print number 5164b
Feb 14, 2020 amend and recommit to judiciary
Jan 28, 2020 print number 5164a
Jan 28, 2020 amend and recommit to judiciary
Jan 08, 2020 referred to judiciary
Apr 12, 2019 referred to judiciary

Votes

view votes

Feb 25, 2020 - Judiciary committee Vote

S5164B
10
1
committee
10
Aye
1
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Feb 25, 2020

nay (1)
excused (1)

S5164 - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5011, CPLR
Versions Introduced in 2021-2022 Legislative Session:
S1068

S5164 - Summary

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.

S5164 - Sponsor Memo

S5164 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5164
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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 DAMAGES SHALL NOT BE BASED ON,
 AND  SHALL  NOT  CONSIDER, INCOME, RACE, ETHNICITY, GENDER, RELIGION, OR
 SEXUAL ORIENTATION. 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.  Section  5031 of the civil practice law and rules is amended by
 adding a new subdivision (a-1) to read as follows:
   (A-1) ESTIMATIONS, MEASURES, OR CALCULATIONS OF DAMAGES SHALL  NOT  BE
 BASED ON, AND SHALL NOT CONSIDER, INCOME, RACE, ETHNICITY, GENDER, RELI-
 GION, OR SEXUAL ORIENTATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S5164A - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5011, CPLR
Versions Introduced in 2021-2022 Legislative Session:
S1068

S5164A - Summary

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.

S5164A - Sponsor Memo

S5164A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5164--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   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 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 contain-
 ing such direction.
   § 2. This act shall take effect immediately.

S5164B (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5011, CPLR
Versions Introduced in 2021-2022 Legislative Session:
S1068

S5164B (ACTIVE) - Summary

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.

S5164B (ACTIVE) - Sponsor Memo

S5164B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5164--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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