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Assembly Bill A5376

2021-2022 Legislative Session

Relates to evidence of lost earnings or impaired earning capacity

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

2021-A5376 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5011, CPLR

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

2021-A5376A - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5011, CPLR

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

2021-A5376B (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5011, CPLR

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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