Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 14, 2022 |
print number 1068b |
Jan 14, 2022 |
amend and recommit to judiciary |
Jan 05, 2022 |
referred to judiciary returned to senate died in assembly |
May 25, 2021 |
referred to codes delivered to assembly passed senate |
Mar 23, 2021 |
amended on third reading (t) 1068a |
Mar 01, 2021 |
advanced to third reading |
Feb 24, 2021 |
2nd report cal. |
Feb 23, 2021 |
1st report cal.407 |
Jan 06, 2021 |
referred to judiciary |
Senate Bill S1068B
2021-2022 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- 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
Votes
Bill Amendments
co-Sponsors
(D, WF) 47th Senate District
2021-S1068 - Details
- See Assembly Version of this Bill:
- A5376
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §4550, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S5164
2023-2024: S3517
2021-S1068 - 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-S1068 - Sponsor Memo
BILL NUMBER: S1068 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the civil practice law and rules, in relation to judg- ments PURPOSE OF BILL: To prohibit judgement estimations, measures or calculations of damages from being based on race, creed, color, national origin, religion, sexu- al orientation, gender identity or expression, military status, sex, familial status, marital status, or status as a victim of domestic violence. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends 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 by prohibiting estimations, measures, or calculations of past,
2021-S1068 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1068 2021-2022 Regular Sessions I N S E N A T E January 6, 2021 ___________ Introduced by Sens. BIAGGI, HOYLMAN -- 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 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
(D, WF) 47th Senate District
2021-S1068A - Details
- See Assembly Version of this Bill:
- A5376
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §4550, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S5164
2023-2024: S3517
2021-S1068A - 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-S1068A - Sponsor Memo
BILL NUMBER: S1068A SPONSOR: BIAGGI TITLE OF BILL: An act to amend the civil practice law and rules, in relation to evidence of lost earnings or impaired earning capacity PURPOSE OF BILL: To prohibit the consideration of evidence 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. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the civil practice law and rules by adding section 4549, evidence considering earnings, to bar the consideration of evidence concerning opinions, estimations, measures, or calculations of judgments in personal injury or wrongful death cases from being based on
2021-S1068A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1068--A Cal. No. 407 2021-2022 Regular Sessions I N S E N A T E 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 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. LBD02925-02-1
co-Sponsors
(D, WF) 47th Senate District
2021-S1068B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5376
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §4550, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S5164
2023-2024: S3517
2021-S1068B (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-S1068B (ACTIVE) - Sponsor Memo
BILL NUMBER: S1068B SPONSOR: BIAGGI TITLE OF BILL: An act to amend the civil practice law and rules, in relation to evidence of lost earnings or impaired earning capacity PURPOSE OF BILL: To prohibit the consideration of evidence 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. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the civil practice law and rules by adding section 4550, evidence considering earnings, to bar the consideration of evidence concerning opinions, estimations, measures, or calculations of judgments in personal injury or wrongful death cases from being based on race, creed, color, national origin, religion, sexual orientation,
2021-S1068B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1068--B 2021-2022 Regular Sessions I N S E N A T E 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: 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. LBD02925-05-2
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